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Home My WebLink About2007-09-26 CC Packet 6"...., II' . . ... . tervi{{e 'LstnEli.../lt'If 1.'157 CITY COUNCIL & WORK SESSION MEETING AGENDA COUNCIL WORK SESSION MEETING - HIDDEN SPRING PARK, 1601 LaMotte Drive Wednesday, September 26, 2007 1. Roll Call WORK SESSION 6:00 p.m. @ HIDDEN SPRING PARK & RECONVENING FOLLOWING THE REGULAR COUNCIL MEETING @ 6:30 p.m. I. CALL TO ORDER II. ITEMS OF DISCUSSION 1. View Park Improvements III. CONVENE TO COUNCIL MEETING COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARINGS 1. Tax Increment Financing District 1-7 Plan in Development District #1 (pages 1-2) III. APPROVAL OF AGENDA IV. APPROVAL OF COUNCIL MINUTES 1. September 12, 2007 City Council Work Session Meeting Minutes (Page 3) 2. September 12, 2007 City Council Meeting Minutes (pages 4-10) V. CONSENT AGENDA 1. City of Centerville September 13, 2007 through September 26, 2007 Claims (page 11) 2. Centennial Lakes Police Department Claims Through September 13, 2007 (pages 12-14) 3. Centennial Fire District Claims Through September 18, 2007 (Page IS) 4. Precision Excavating & Grading LLC, Pay Reqnest #2 - Old Mill Road Street Improvements - $27,466.88 (pages 15-18) 5. Andrew Ross Concrete & Masonry - 2007 Sidewalk Reconstruction Project, Payment #1 - $19,922.50 (page 19) VI. A W ARDSIPRESENTATIONS/APPEARANCES 1. Superintendent Dr. Roger Worner, School District #12 - Annual District Report 2. Centerville Lions Club - Annual Haunted House (pages 20-21) VII. OLD BUSINESS 1. Veit & Company, Inc. Pay Request #3 - Hidden Spring Park Improvements - $50,199.04 (Pages 22-25) VIII. NEW BUSINESS 1. Anoka County-City Joint Powers Agreement for Mutual Aid (Pages 26-33) 2. North Metro Telecommunications Commission - "Model Additional Franchise Template" (pages 34-98) a. Res. #07-OXX - Model Franchise Ordinance Utilized by Competitive Cable Franchise Applicants (pages 99-100) 3. Offering $2,600,000 G.O. Improvement Bonds for Fairview Street, CSAH 14 & Old Mill Road) (pages 101-104) a. Res. #07-OXX - Authorizing the Issuance, Establishing the Terms & Providing for the Sale of $2,600,000 G. O. Improvement Bonds of 2007A (Pages 105-106) 4. Proposed Tax Increment Financing (TIF) Plan for KendaU Howard (pages 107-125) a. Res. #07-OXX - Adopting the TIF Plan for & the Creation of TIF Dist. 1-7 (Pages 126-128) S. Sedona Homes Request for Reduction in Letter of Credit (pages 129-137) IX. ANNOUNCEMENTSIUPDATES 1. City Administrator, Mr. Dallas Larson 2. 135 WIE (Update) 3. Comprehensive Plan (Update) X. ADJOURNMENT RECONVENE COUNCIL WORK SESSION MEETING I. CALL TO ORDER 1. Roll Call II. ITEMS OF DISCUSSION 1. Proposed Community Survey (pages ) 2. Downtown Redevelopment Project Issues 3. CSAH 14 Project Issues 4. Old Mill Road Path Alternatives (Pages ) III. ADJOURNMENT **REMINDERS** Planning & Zoning Commission - October 2,2007,6:30 p.m. Council Chambers Parks & Recreation Committee - October 3.2007, 6:30 p.m. Council Chambers Plmming & Zoning Commission/Council Joint Meeting . October 2,2007, 6:30 p.m. Council Chambers - Comprehensivc Plan EXHIBIT 3 Public Notice ervi{{e 'E.<la6(Uiecr 1&<7 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING ON TAX INCREMENT FINANCING DISTRICT 1-7 PLAN IN DEVELOPMENT DISTRICT #1 NOTICE IS HEREBY GIVEN, that the City Council of the City of Centerville, Minnesota will meet on Wednesday, September 26, 2007 in the Council Chambers of Centerville City Hall located at 1880 Main Street, Centerville, Minnesota commencing at 6:30 p.m. or shortly thereafter to consider spending $255,000 for activities associated with a tax increment district. The legal description of the district is as follows: A Portion of THE SW1/4 OF SW1/4 OF SEC 24 TWP 31 RGE 22, EX THAT PRT OF S 342.75 FT OF SD 1/4 1/4 LYG WLY OF E 410 FTTHEREOF, ALSO EX E 410 FT OF S 345 FT THEREOF, ALSO EX PRT PLATTED AS ROYAL INDUSTRIAL PARK,EX RD, SUBJ TO EASE OF REC, CENTERVILLE, ANOKA COUNTY MINNESOTA. MaD-TIF District 1-7 . "'1"1~ ~..... A 1<.,,",\ !i~ / The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. September 17, 2007. All persons interested are invited to attend and to be heard, verbally or in writing. You may call City Hall at (651) 429-3232 if you have any questions. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information or to obtain a copy of the proposed tax increment financing plan. If you desire, you may email: dlarson(Ci)centervillemn.com or imever(Ci)centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. Teresa Bender/City Clerk, CMC Published in the Quad Community Press on September 11, 2007. 1- City Council 2007-09-12, 8:00 p.m. Minutes of Work Session nn@~ ~~ ~~[J'@~' Present were Mayor Capra, Council members Tom Lee, Linda Broussard-Vickers, Jeff Paar, and Michelle Lakso. Also present were City Attorney Kurt Glaser, City Engineer Mark Statz, and Public Works Director Paul Palzer. Mark Statz reviewed the feasibility report for the 2009 street improvements. The total cost of the project would exceed $8 million. It was estimated that assessments would be around 30 percent of the project cost and be higher on streets where watermain was included, since that cost is entirely assigned to the properties served. The council discussed the costs and how the project might be assessed. Also considered was the possibility of including the water service lines to the homes in the project. This increases the costs and assessment amounts, but takes away the uncertainty for the property owners. The city would not subsidize the service line work, but would provide the financing. The Council agreed that the open house meeting with property owners should take place on October 4, at St. Genevieve Community Center. Council members may try to attend, but that would not be necessary. The purpose of the meeting would be to present the project to property owners and get feedback before any definite decisions are made on the project The meeting was adjourned at approximately 9:40 p.m. Dallas Larson, Administrator 3 CITY OF CENTERVILLE CITY COUNCIL MEETING & WORK SESSION September 12, 2007 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on September 12,2007, at City Hall, 1880 Main Street. PRESENT: STAFF: ~~~~:~:~~:;~i~d~~roussard ~.........k......................... ~.............O............ ~.........O......... r?@~~d Counc!1 Member Michelle Lakso W1....................... w............ f!J...!.l U Council Member Jeff Paar L!\J W 11 City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the September 12, 2007, City Council meeting to order at 6:35 p.m. II. APPROVAL OF AGENDA Mayor Capra added Item 2 - August 22,2007 City Council Work Session Minutes to IV. Approval of Council Minutes. Mayor Capra add page 9a to Item 1 and removed Item 6 from V. Consent Agenda to Item 2 under VII. Old Business Item 2 - Veit & Company, Inc. Pay Request #3 from the Consent Agenda. Mayor Capra added Item 3 - Soil Boring Contract 2009 Contract to VII. Old Business. Mayor Capra added Item 5 to VIII New Business - Public Hearing Notice for Minnesota Investment Funds. Motion by Council Member Paar. seconded by Council Member Lee. to approve the a2enda as amended. All in favor. Motion carried unanimously. III. PUBLIC HEARINGS None 4 City of Cenlerville Council Meeting Minutes September 12, 2007 IV. APPROVAL OF COUNCIL MINUTES 1. August 22, 2007 City Council Meeting Minutes Mayor Capra requested amending Councilmember Lee's arrival time from 7:37 p.m. to 6:37 p.m. Motion by Council Member Lakso. seconded by Council Member Broussard. to approve the AUlWst 22. 2007 City Council Medin!!: Minutes and the Au!!:ust 22. 2007 Work Session Minutes as amended. All in favor. Motion carried unanimously. 2. August 22,2007 Citv Council Work Session Meeting Minutes Motion by Council Member Paar. seconded by Council Member Lakso. to approve the Au!!:ust 22. 2007 Work Session Minutes as presented. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. Citv ofCenterville August 23,2007 through September 12,2007 Claims. 2. Centennial Fire District Claims through September 5, 2007 3. Gustafson Excavating, Inc. Pav Request #2 - Fairview Street Improvements $51.108.74 4. Gustafson Excavating, Inc. Change Order # I - Fairview Street Improvements - $4.720.00 5. Burshville Construction, Inc. Pav Request #6 - 20lh Avenue Backage Road - $11 L 989.41 6. Viet & COffil'laflY. Iae. Pay ReQuest if3 Hidden Sprial': Park IIl'l]Jrovemeflts $50,199.01 7. Precision Excavating & Grading, LLC Pav Request #1 - Old Mill Road Utilitv & Street Improvements - $47,933.20 8. Minnesota Municipal Utilities Associates (MMUA), Safetv Management Program - Amendment to Services Agreement - $5,900.00 9. Encroachment Agreement (Fence/Rear & Sides) - Mr. & Mrs. Thomas Nelson, 7191 Brian Drive 10. Encroachment Agreement (Fence/Rear & Sides) - Mr. & Mrs. Charles Reinhard, 1723 Meadow Lane II. Parks & Recreation Committee Recommendation to Purchase a Sign Recognizing Mr. Trevor Weigel's Eagle Proiect/Laurie LaMotte Memorial Park (Flower Bed- Park Signage) Councilmember Lee pulled Item 4 for discussion. Motion by Council Member Lee. seconded by Council Member Lakso to approve the Consent A!!:enda items 1 - 3.5. and 7-11 as presented. All in favor. Motions carried unanimously. Page 2 of7 ~ 2 City ofCenterville Council Meeting Minutes September 12, 2007 Councilmember Lee asked what the change order was for. City Engineer Statz replied that it is to locate, expose, remove, and replace the bolts on the existing water main. Motion bv Conncil Member Lakso. seconded bv Council Member Paar to approve Gustafson Excavatin!!. Inc. Chan!!e Order #1 - Fairview Street Improvements - $4.720.00. All in favor. Motions carried unanimouslv. VI. A W ARDSIPRESENT A nONS/APPEARANCES None VII. OLD BUSINESS 1. Anoka County Economic Development Authority a. Resolution #07-XXX - Electing to Participate in the Anoka County Housing & Redevelopment Authority City Administrator Larson listed the cities that would participate in the Anoka County Housing and Redevelopment Authority project. He stated that the EDA would not market the County and the County's response was it was not stuff they wanted to do. Discussion ensued. Motion by Council Member Lee. seconded by Council Member Lakso. to direct staff to notify Anoka County of Council decision to not participate in the Anoka County Housin!! & Redevelopment Authoritv at this time. All in favor. Motion carried unanimously. 2. Viet & Company, Inc. Pay Request #3 - Hidden Spring Park Improvements - $50.1 99.04. Mayor Capra reported that she met at Hidden Spring Park with the Rice Creek Watershed District, Bonestroo, and City Administrator Larson to discuss the City's concerns. She reported that Bonestroo noted the concerns and indicated they would ensure Viet & Company worked together with them on these concerns. She indicated that Bonestroo recommended withholding payment for two weeks. Discussion ensued. Motion by Council Member Paar. seconded by Council Member Lee. to table the Viet & Company. Inc. Pay Request #3 - Hidden Sprin!! Park Improvements in the amount Page 3 of7 b City of Centerville Council Meeting Minutes September 12, 2007 of $50.199.04 until the next City Council Meetinl!. All in favor. Motion carried unanimously. 3. Soil Boring Contract for 2009 Street Proiect City Attorney Glaser explained that Stork agreed to increase their professional liability insurance to $5 million. He stated that the City had two choices: to accept the contract with Stork or to accept the bid from Braun whose fees are double those of Stork City Engineer Statz stated that he viewed the liability as twofold: what damage could be done doing soil borings and the professional liability in the information provided to the City. Discussion ensued. Motion bv Council Member Lakso. seconded bv Council Member Paar. to accept Stork as the contractor only in the event they accept unlimited liability. if not. to accept the bid from Braun. All in favor. Motion carried unanimouslv. VIll. NEW BUSINESS I. 2008 Preliminary General Fund Budget (September 12. 2007) a. Resolution #07-033 - Approving Proposed 2008 Budget & Tax Levy Finance Director Meyer presented the 2008 Budget and Tax Levy. He stated a Truth-in- Taxation public hearing is scheduled for December 12, 2007, with the continuation hearing tentatively set for December 19,2007, if needed. Discussion ensued. Motion bv Council Member Broussard. seconded bv Council Member Paar. to approve Resolution #07-033. a Resolution approvinl! the proposed 2008 Budl!et of the General Fund for $2.441.600. Expenditure Revenues for $465.000. and a Tax Levv of $1.985.600. A Public Hearinl! for Truth-ill-Taxation shall be set for December 12. 2007. All in favor. Motion carried unanimously. 2. Planning and Zoning Commission Findings & Recommendation for Conditional Use Permit (Bennett & Koch Construction. LLC/WiII Lessard) - 6995 - 20th Avenue South (Construction Business Operation in B-1 - Commercial Zoning District) City Administrator Larson summarized the site plan and the permit as drafted. Councilmember Broussard summarized the discussion on this topic during the Planning and Zoning Commission meeting on August 7, 2007. Page 4 of7 1 City of Centerville Council Meeting Minutes September 12, 2007 Discussion ensued. Motion by Council Member Broussard. seconded by Council Member Paar. to approve the Plannine: and Zonine: Commission Findine:s & Recommendation for a Conditional Use Permit (Bennett & Koch Construction. LLClWiII Lessard) - 6995 - 20th Avenue South (Construction Business Operation in B-1 - Commercial Zonine: District) subiect to conditions. AU in favor. Motion carried unanimously. 3. City of Minneapolis. Office of the Mayor R.I. Rybek Requesting Support of Principles Regarding Construction of a New 1-35W Bridge a. Resolution #07-XXX - Support of Minneapolis' Principles for Reconstructing 1-35W Bridge Mayor Capra summarized the request from the office of Mayor Rybek soliciting support of the Minneapolis' Principles for Reconstructing 1-35W Bridge. Councilmember Paar stated that he would not support this if it included light rail. Councilmember Lee echoed Councilmember Paar's thoughts. He stated that throwing money at a problem is not always the fiscally responsible solution. Councilmember Lakso stated that she would have a hard time supporting this due to the light rail element. Councilmember Broussard stated that she did not know enough about this to decide at this time. Mayor Capra stated that the Rush Line Corridor was supported by the Council by a 3/2 vote. She indicated that if the money is going into building the bridge, the money should be spent now rather than later. Discussion ensued-no action taken. 4. Environmental Assessment Worksheet - Downtown Centerville Redevelopment City Engineer Statz summarized the permits and approvals required, traffic analysis, and nearby resources in the Environmental Assessment Worksheet. He stated that if this is approved, it would go out for public notice and comment. Discussion ensued. Motion by Council Member Paar. seconded by Council Member Broussard. to put the Environmental Assessment Worksheet for CenterviIIe Downtown Redevelopment Page 5 of7 f City of Ccnterville Council Meeting Minutes September 12, 2007 out for comment and publication and set the Public Rearin!! tentativelv for November 14. 2007. All in favor. Motion carried unanimously. 5. Public Hearing Notice for Grants/Loans from Minnesota Investment Funds. City Administrator Larson that stated Council authorized an application for grant/loan from the Minnesota Investment Funds; however, staff discovered there is a public hearing requirement. Motion by Council Member Lee. seconded by Council Member Paar. to schedule a Public Rearin!! Notice for Grants/Loans from Minnesota Investment Funds application on October 10. 2007 at 6:30 p.m. All in favor. Motion carried unanimously. X. ANNOUNCEMENTSIUPDATES 1. City Administrator Larson City Administrator Larson reported that the meeting with the downtown businesses took place on September 6, 2007. He commented that it was a fairly good turnout, with questions, and the developer explaining the process and timeline for selling property for development. City Administrator Larson reported that the County Road 14 open public meeting would be held on September 18, 2007 at the St. Genevieve Community Center. City Administrator Larson reported that the marking of trees along the right-of-way had begun and removal would start within the next two weeks. City Administrator Larson reported that the power line relocation project around the down town area is moving along. He stated that four poles have been set with three or four remaining. He reported that the lines would be hung next week, the power moved over, and the old lines removed. City Administrator Larson reported that on September 19, 2007 County Road 14 would close between the two lakes for the construction of a culvert and utilities. He stated that the future westerly end closure could start approximately October I, 2007 and last for several months. City Administrator Larson reported that staff received a cost summary from Anoka County on the project and it is possible the cost might be under the amount in the Joint Powers Agreement. Mayor Capra commended County Commissioner Rhonda Sivarajah for her dedication to the City of Centerville with regard to this project. Page 6 of? / City ofCenterville Council Meeting Minutes September 12, 2007 2, Other Councilmember Broussard reported attending the Beard Group meeting where the overall air was not overly positive and distrust towards Beard from the Citizens. She stated that Council felt Beard Group would be a reputable developer who would make appropriate offers. Mayor Capra reported attending a goal setting session with the Police Commission. She reported that the Police Commission would participate in a survey on how the City is policing, expectations from the citizens, and how the City could better serve the citizens. She stated that the cities would like to expand this to other areas such as the Fire Department and City staff. The cost of the survey is estimated at $24,000 and paid for from Centennial Lakes Police Department fund balance. City Administrator Larson reported that about 250 people would be surveyed from each of the three communities in hopes of acquiring a 95 percent confidence rate. XI ADJOURNMENT Motion bv Council Member Broussard. seconded bv Council Member Paar. to adiourn the September 12. 2007 City Council Meetine at 7:54 p.m. All in favor. Motion carried unanimously. Transcribed by: Dianna Wise, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 7 of7 /u Chk# 022720 022721 022722 022723 022724 022725 022726 022727 022728 022729 022730 022731 022732 022733 022734 022735 022736 022737 022738 022739 022740 tervi{{e (l.:Stabfi;!icJt 18'::;7 Check Search Name AVLlC CALIFORNIA CONTRACTORS SUPPlIE CHURCH OF ST GENEVIEVE CITY OF ST. PAUL VOID GOPHER STATE ONE CALL INC IMAGE PRINTING & GRAPHICS INSTRUMENTAL RESEARCH INC LAKSO, MICHELLE LAND MAINTENANCE MENARDS - FOREST LAKE NATIONWIDE RETIREMENT SOLUTION PRECISION EXCAVATING & GRADING PREMIER RINKS, INC. ATHLETICA SPRINT STEPHAN, KIM SWEENEY, KRIS TIME SAVER WAGNER SIGNS XCEL ENERGY DEVINE, RAY CITY OF CENTERVILLE 09/21/0711:32AM Page 1 Check Writer Summary Date 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 9/26/2007 Amount Comments $606.00 DEF COMP W/H 9-20-07 $155.68 RAINSUITS & PIGSKINS DRIVERS GLOVES $100.00 USE OF FACILlTY- 2009 STREET PROJECT PUBLIC $151.79 ASPHALT $0.00 VOID $139.35 SERV FOR AUGUST $480.79 UT BILLING SHEETS $38.00 AUGUST 2007 WATER SAMPLE $46.56 REIMBURSE MilEAGE FOR MACTA' 24TH ANNUAL $6,277.88 PARKS - 6-4,6-11,6-18 -LAWN MOWING $101.16 OPERATING SUPPLIES FOR HIDDEN SPRINGS PARK & $600.92 DEF COMP W/H 9-20-07 $27.466.88 OLD MILL RD UT & STR IMPROVE - PAY REQUEST #2. $215.73 SUPPLIES FOR PARK $271.16 CELL PHONE SERVTHRU 9-15-07 $248.00 REIMBURSE FOR MEDICAL EXPENSES $62.57 REIMBURSE FOR MilEAGE 7-19-07 THRU 9-20-07 $295.10 P & Z MEETING 9-4-07 $384.71 FINAL AMOUNT FOR PARK SIGNS-LAMOTTE & HIDDEN $3,937.06 7300 MILL RD - SERV THRU 9-5-07 $3.82 REFUND ON OVERPYMT ON FINAL BILL $41,583.16 NOTE: THERE WILL BE AN UPDATED LIST OF DISBURSEMENTS FOR APPROVAL ON 9-26-07. ~ r t.. "'.~~_ ~S-<"--- (" t~ 4'~~"J /1 CENTENN/All.AKES POliCE OEPT Check Register POliCE Gl Gl Po&1ing Period(s): 08107 - 08107 Chect< I8sue Daw(s): 08110/2007 -0813112007 Page: 1 Ssp 06, 2fXJ7 1 0:54am Per Dale Check No Vendor No Payee Invoice Description Inv Amount 08107 08I1<W7 6392 190330 SEARS REF RIG WATER FilTERS 89.44 M 08107 08124107 6393 10120 AMEM AMEM CONFERENCE 180.00 M REGISTRATIONIRN 08107 oomlO7 6394 30100 CAREER TRACK, INC TRAININGICL & S8 148.00 M Tolllls: 417.44 M = Manual Check, V = Void Check II-- CENTENNIAL LAKES POLICE DEPT Check Regi.....r POLICE GL Page: 1 GL PO&1ing Period(s): 09107 -l'J9/07 Sep 12, 2007 05:35pm Check Issue DallO(s): 0910112007 - 0911312007 Per OsllO Check No Vendor No Payee Invoice Dsscription Inv Amount 09107 09111107 6396 190625 sPEEDWAY SUPERAMERICA LLC JULY FUEL 5,566~ M 09107 09/13.u1 6396 10165 ACTION RADIO & COMM. INC NEW VEHICLE SETUP 86.27 CABLES NEW VEHICLE 593.68 SETUP-BUMPERANST ALL NEW VEHICLE 239.63 SETUP-STROBE Tollll 6396 919.58 09107 09/13107 6397 10500 AMERICAN GOODYEAR~EMINI TIRES 1,027.76 09107 09113107 6396 10590 AMERICAN MESSAGING PAGER SERVICE SEPT 44.47 09107 09I13JU7 6399 10750 ANOKA COUNTY JULY INTERNET ACCESS 590.76 09107 09113107 6400 10795 ANOKA COUNTY 2ND aTR ADMIN 179.82 CENTRAL RECORDS PROJ 09107 09/13107 6401 20725 BURSTEIN LAW FIRM, P A AUGUST LEGAL FEES 450.00 09107 0911 3JU7 8402 30050 CMt, INC. INTOXILYZER 57.23 MOUTHPIECES 09107 09/13/07 6403 30055 CSKAUTO,INC VEH SUPPUES 60.66 BUlBSISTEERING COVER 09107 09/13107 6404 30063 CP TELCOM PHONES/LONG DIST 344.01 09107 09113/07 6405 30480 CENTENNIAL UTiliTIES JULY UTILITIES 440.35 09107 09/13107 6406 31133 COMPUSA MICROllNE PRINTER 387.65 09107 09/13/07 6407 31137 CONNEXUS ENERGY JULY ElEC 1,410.25 09107 09/13107 6408 40200 DEll MARKETING loP. PRINTER CARTRIDGES 219.00 09107 09113107 6409 40300 DELTA DENTAL OCT OENTAUAOD KC 880.25 EFT AUG 09107 09113107 6410 40345 DEPUTY REGISTRAR 11150 FORFEITURE TITLE 18.25 TRANSF 92 NISSAN 09107 09113107 6411 40700 DON'S CIRCLE SERVICE, INC AUG VEH MTC & 424.38 REPAiRS 09107 09/13107 6412 50060 E C S I, INC FIRE ALARM INSPECTION 213.00 09107 09113107 6413 90040 INTOXIMETERS MOUTHPIECES 191.70 09107 09/13107 6414 110204 KNOWLAN'S SUPER MARKETS GOVERNING BOARD 22.33 MEET SUPPLIES 09107 09/13JU7 6415 120410 L1FELOC TECHNOLOGIES, INC MOUTHPIECES 42.75 09107 09/13107 6416 130800 MIDWAY FORD INC 2006 CRN VICTORIA 241.95 REPAIR 09107 09113JU7 6417 140370 NEXTEL COMMUNICATIONS CEll PHONES 294.11 09107 09/13107 6418 150100 OFFICE MAX CONTRACT, INC BINDERS/MISC 85.06 BINDERS 23.39 PAPERlCllPSlENVElOPEl 257.60 BINDER CLIPS 3.77 Total 6418 369.82 09107 09/13107 6419 160235 PETERSON COMPANIES, INC JULY GROUNDS MTC 442.86 AUGUST GROUNDS MTC 442.87 To,,"I6419 885.73 09107 09/1 3107 6420 160250 PETTY CASH / BRITNI AUSTIN POSTAGE 17.76 r:taI07 09/13107 6421 160415 PITNEY BOWES POSTAGE METER 7!i.12 INKffAPE 09107 09/13JU7 6422 160517 POSTNET POSTAGE 44.77 M ~ Msnual Checl<, V" Void Chock /3 CENTENNIAL LAKES POLIcE DEPT Che<lI< RegislElr POLICE GL Page: 2 Gl Po&1ing Period(a): 09107 - 09107 Sep 12, 2007 05:35pm Check Is8ue Delol(e): 0910112007 - 0911312007 Per Date Check No Vendor No Payee Invoice Description Inv Amount 09107 09113107 8423 170180 aW:ST CENTERVlLlE PH 5.35 091f17 09113107 6424 190375 SELECT ACCOUNT AUGUST SELECT ACCT 16.00 FEE 09107 09/13107 6425 19039D SHRED RIGHT SHREDDING 57.51 09107 09/13107 6426 190520 SIRCHIE FINGER PRINT LAB INC DRUG TESTING KIT 97.52 09107 09113107 6427 190625 SPEEDWAY SUPERAMERICA LlC AUGUST FUEL 5,246.63 09107 09/13107 6426 190910 STREICHER'S AMMO 23.43 AMMO 203.36 T olal 6428 226.81 09i07 09113107 6429 190980 SUNSET CYCLE BIKE REPAIR & PARTS 16.00 09107 09/13107 6430 200043 TELECIDE PRODUCTIONS, INC COMPUTER MTC 162.SO 09107 09113107 6431 210110 UNIFORMS UNLIMITED, INC JULY UNIFORM 1,759.11 CHARGES 09107 09/13107 6432 210120 UNI-SElECT USA BATTERY 59.45 09107 09I1:Ml7 6433 210127 UNICARE LIFE & HEALTH INS. CO. OCT LIFE/DISABILITY INS 172.SO 09107 09/13107 6434 210250 UNIVERSITY OF MINNESOTA TRAFFIC SAFETY 75.00 CONFERENCE T olale: 23,314.77 M = M.nUllI Check, V = Void Check /q CENTENNiAl FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 09107 - 09107 Check Issue Dato(s): 09I06I2IJ07 - 0911812007 Page: 1 Sep 19, 2007 07:48am Per Delio Check No Vendor No Payee Invoice Description Inv Amount 09107 oeM 8107 2881 10750 ANOKA CO CENTRAL COMMUNICAT 2ND OTfl800 MHZ RADIO 309.35 USER FEES 09107 09118107 2882 11565 ASPEN MILLS UNIFORMS 89.10 UNIFORMS 42.50 Tolal2882 131.60 09107 09/18107 2893 20120 BATTERIES PLUS BATTERY 23,42 09107 09/18/07 2884 30485 CENTENNIAL FIREFIGHTERS RELIEF 3RD OTR PMT 6,125.00 09J1J7 09118107 2885 30485 CENTER MART FUEL 84.97 09107 09/18/07 2886 31137 CONNEXUS ENERGY STATION 1 ELECTRIC 348.96 09107 09118107 2887 50120 EMERGENCY APPARATUS MAl NT, It UTILITY 11 MTC 729.12 ENGINE 21 MTC 2,076.37 ENGINE 11 MTC 285.00 ENGINE 31 MTC 285.00 TANKER 21 !IITC 265.00 TANKER 31 PUMP TEST 285.00 ENGINE 21 MTC 448.23 T alai 2887 4,313.72 09107 09118107 2888 60650 FRATTALLONE'S HARDWARE STORI VEH SUPPUES 44.96 09107 09118107 2889 120185 RANDY LAUDERBAUGH TRAINING 30.00 09107 09/18107 2890 120450 CITY OF UNO LAKES AUG REIMBURSEMENTS 19,586.37 lSTI2NDJ3RD OTR AREA 13.585.00 COMMON CHARGES T alai 2890 33,171.37 09107 09118.07 2891 1204S0 LOFFLER COMPANIES, INC COPIER MTC 24.29 09107 09/18107 2892 150140 OFFICE DEPOT. INC OFFICE SUPPLIES 15,47 09107 09/18107 2893 170180 OWEST PHONE EXPENSE 214.28 09107 09118107 2894 190210 SAM'S CLUB SAFETY CAMP EXPENSE 411.02 09107 09118107 2896 210232 UNI-5ELECT RESCUE 21 FUSES 5.11 09107 09118.07 2896 240100 XCEL ENERGY STATION 2 ELECTRIC 711.88 Tota"': 45,985.42 M = Manual Check, V = Void Check /' /~ -#- Bonestroo Owner: City of Centerville, 1880 Main St., Centerville, MN 55038 Dale: SeDtember 20, 2007 FDr Period: 9/7/2007 to 9/20/2007 Reouest No: 2 Contractor: Precision Excavatinq & Gradinq LLC, 2104 Pierce/Saint Croix Rd., Baldwin, WI 54002 CONTRACTOR'S REQUEST FOR PAYMENT OLD MILL ROAD UTILITY AND STREET IMPROVEMENTS BONESTROO FILE NO. 000616-06147-0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 less Retainage 5% 9 Subtotal 10 less Amount Paid Previously 11 liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 297,49475 $ $ 0.00 0.00 2 $ $ $ $ $ $ $ $ $ 297,49475 79,368.50 0.00 79,368.50 3,968.43 75,400.08 47,93320 000 27,46688 Recommended for Approval by: BONESTROO ^P~ PRECISION EXCAVATING llc GRADING LLC /~L~ Approved by Owner: CITY OF CENTERVlllE Specified Contract Completion Date: Date: 61606147-0REQ2.Jods jS' Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 "SITE GRADING: 1 MOBILIZATION LS 1 6000.00 0.9 15,400.00 2 TRAFFIC CONTROL LS 1 1000.00 0.2 0.7 1700.00 3 DEWATERING LS 1 100 1000 4 TEMPORARY ROCK CONSTRUCTION ENTRANCE TN 75 20.00 35 $700.00 5 REMOVE BITUMINOUS PAVEMENT SY 2500 100 2400 12,40000 6 REMOVE CONCRETE CURB AND GUTTER LF 21S 4.00 40 40 $160.00 7 REMOVE lANDSCAPE WOOD BARRIER LS 1 500.00 1 1500.00 8 REMOVE RCP CULVERT LF 60 4.00 1000 9 REMOVE CMP CULVERT LF 60 2.00 18 $36.00 10 REMOVE SANITARY SEWER PIPE LF 25 5.00 1000 11 SALVAGE AND REINSTALL EXISTING CMP CULVERT LF 45 5.55 10.00 12 SALVAGE AND REINSTALL MAILBOX EA 4 100.00 2 $200.00 13 SALVAGE, STOCKPILE, AND REINSTALL AGGREGATE BASE CY 350 4.50 50 1225.00 14 SALVAGE, STOCKPILE, AND RESPREAD EXISTING TOPSOIL LS 1 3300.00 0.5 11,65000 15 SILT FENCE, MACHINE SLICED LF 500 140 10.00 16 CLEAR AND GRUB LS 1 1500.00 0.1 0.9 11,35000 17 COMMON EXCAVATION (EV) CY 3B90 4.00 1000 3600 $14,40000 18 SUBGRAOE EXCAVATION (EV) CY 1000 4.00 $0.00 19 TOPSOIL BORROW (LV) cY 250 1200 10.00 20 PROTECTION OF CB IN STREET - FURNISH AND INSTALL WIMCO EA 5 19500 2 1390.00 21 SODDING, lAWN TYPE SY 915 4.00 $000 22 SEEDING, INCL. MNDOT SEED MIX 270, FERTILIZER, MULCH, AND DISK ANCHOR AC 1500.00 $0.00 TOTAL PART 1 . SITE GRADING: 128,11100 PART 2" SANITARY SEWER: 23 CONNECTTO EXISTING SANITARY SEWER MANHOLE EA 1 400.00 1 1 1400.00 24 8" PVC SANITARY SEWER, SDR 35, ALL DEPTHS LF 699 19.00 131 131 $2,48900 25 4' DIA SANITARY MH, INCL. R-1733 CSTG, AND CONC ADJ RINGS EA 3 1800.00 $0.00 26 4' DIAMETER SANITARY MANHOLE OVER DEPTH LF 19 150.00 $000 27 8" X 4" PVC WYE, SDR 35 EA 5 55.00 3 3 1165.00 28 10" X 4" SADDLE WYE, SDR 35 EA 1 75.00 $0.00 29 8" PVC PLUG EA 3 50.00 $000 30 IMPROVED PIPE FOUNDATION LF 699 2.00 503 503 11,00600 31 CLOSED CIRCUIT TV INSPECTION LF 699 1.00 $0.00 TOTAL PART 2 - SANITARY SEWER: 14,06000 PART 3 - WATER MAIN: 32 CONNECTTO EXISTING 8" WATER MAIN EA 1 400.00 1 1 1400.00 33 8" PVC C900 WATER MAIN LF 660 24.00 36 36 $864.00 34 6" PVC C900 WATER MAIN LF 35 2100 $0.00 35 8" GATE VALVE AND BOX EA 1 1250.00 $1,250.00 36 HYDRANT WITH VALVE EA 2 3100.00 10.00 37 DUCTILE IRON FITIINGS LB 1400 2.50 10.00 38 IMPROVED PIPE FOUNDATION LF 695 2.00 10.00 TOTAL PART 3 - WATER MAIN: $2,514.00 PART 4 ' SERVICES: 39 1" CORPORATION STOP WITH 8" SADDLE EA 6 125.00 1 1 $125 00 40 1 " CURB STOP AND BOX EA 6 145.00 1 1 $145.00 41 1 " TYPE" K" COPPER WATER SERVICE IF 320 17.00 50 50 1850.00 42 4" PVC, SCH. 40 SERVICE PIPE LF 270 16.00 40 40 1640.00 43 IMPROVED PIPE FOUNDATION LF 300 2.00 10.00 44 INSUlATION, 4" THICK SY 25 26.00 $0.00 TOTAL PART 4 - SERVICES: 11,760.00 PART 5 ' STORM SEWER: 45 CONNECTTO EXISTING CATCH BASIN EA 1 350.00 $0.00 46 15" RCP STORM SEWER, ClASS 5 LF 453 26.00 $000 /~ 47 24" RCP STORM SEWER, ClASS 3 LF 232 37.00 165 $6,105.00 61606147-OREQ2.x1s Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantily 10 Oat. 10Dal. 48 24" FLARED END SECTION, INCLUDING TRA5H GUARD EA 1 1375.00 1 $1,375.00 49 4' DIA 5TORM 5EWER CBMH, INCL R-3067-VB C5TG, AND CONC ADJ RING5 EA 2 130000 $0.00 50 4' DIA 5TORM 5EWER CBMH, INCL. R-3067-V C5TG, AND CONC ADJ RING5 EA 1325.00 $0.00 51 4' DIA 5TORM 5EWER MH , INCL R-1733 C5TG, AND CONC AD! RINGS EA 1 1500.00 1 $1,50000 52 CLA55 III RANDOM RIPRAP CY 12 55.00 13 13 $71500 53 IMPROVED PIPE FOUNDATION LF 200 2.00 $0.00 54 CL05ED CIRCUIT TV INSPECTION LF 685 1.00 $0.00 TOTAL PART 5 - 5TORM 5EWER: $9,69500 PART 6 - STREETS: 55 SAWING BITUMINOUS PAVEMENT LF 315 2.00 $0.00 56 SUBGRADE PREPARATION - 5TREET 5Y 3300 0.50 $000 57 GEOTEXTILE FABRIC, TYPE V SY 3300 130 $0.00 58 SELECT GRANULAR BORROW (CV) cY 2000 9.50 $0.00 59 AGGREGATE BASE, CLA5S 5 TN 1570 12.75 $0.00 60 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 380 52.50 $000 61 TYPE LV 3 WEARING COUR5E MIXTURE (B) TN 290 58.25 $0.00 62 BlTUMINOU5 MATERIAL FOR TACK COAT GAL 275 2.00 $0.00 63 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 1470 8.95 $0.00 64 ADJU5T EXI5TING CATCH BA51N CASTING EA 1 125.00 $0.00 65 ADJUST EXISTING MANHOLE CASTING EA 2 175.00 $0.00 66 4" PERFORATED POLYETHYLENE PIPE, WITH SOCK WRAP LF 1500 300 $0.00 67 STREET SWEEPER (PICKUP BROOMW/OPERATOR) HR 5 100.00 3 $300.00 TOTAL PART 6 - STREET5: $300.00 ALTERNATE NO.1 - POND AND WETLAND CONSTRUCTION: 6B SILT FENCE, MACHINE SLICED LF 1000 2.00 600 $1,20000 69 CLEAR AND GRUB L5 1 5000.00 1 $5,000.00 70 SALVAGE, 5TOCKPILE, AND RE5PREAD EXI5T1NG TOP50lL LS 1 5500.00 0.25 015 $4,125.00 71 COMMON EXCAVATION (EV) CY 4600 2.50 1150 4600 $11,500.00 72 TOPSOIL BORROW (LV) cY 500 12.00 $0.00 73 SOIL BLEND FILTRATION MEDIA CY 150 45.00 100 100 $4,50000 74 12" RCP 5TORM SEWER, CLA55 5 LF 8 35.00 8 8 $280.00 75 12" RCP FLARED END SECTION, INCL TRASH GUARD EA 2 700.00 2 2 $1,40000 76 6" PERFORATED POLYETHYLENE PIPE, INCL 50CK WRAP, AGGREGATE, AND FABRIC LF 110 12.00 110 110 $1,320.00 77 6" PVC SOLID COVER CLEAN OUT - PER DETAIL EA 1 200.00 1 1 $20000 78 EMERGENCY OVERFLOW 5WALE WITH ENKAMAT 5Y 15 30.00 $0.00 79 CLA5S II RANDOM RIPRAP cY 75 50.00 6B.07 68.07 $3,40350 80 SEEDING, INCL MNDOT SEED MIX 270, FERTILIZER, MULCH, AND DISK ANCHOR AC 1.Z 1200.00 $0.00 B1 MNDOT MIX W5 - WETLAND MITIGATION AREAS AC 0.5 5000 00 $0.00 82 MNDOT MIX 328 -INFILTRATION AREAS AC 0,15 6500,00 $0,00 83 ER0510N CONTROL BLANKETS, CATEGORY 3 5Y 1150 1.15 $0.00 84 MNDOT MIX 190 - TEMPORARY 5EED FOR 5TOCKPILE LS 1 500,00 $0.00 TOTAL ALTERNATE NO.1 - POND AND WETLAND CON5TRUCTlON: $32,9Z850 TOTAL PART 1 - 51TE GRADING: $28,111.00 TOTAL PART 2 - 5ANITARY SEWER: $4,060.00 TOTAL PART 3 - WATER MAIN: $2,514.00 TOTAL PART 4 - 5ERVICE5: $1,76000 TOTAL PART 5 - 5TORM 5EWER: $9,695,00 roTAL PART 6 - 5TREETS: $300.00 TOTAL ALTERNATE NO.1 - POND AND WETLAND CON5TRUCTION: $32,928.50 TOTAL WORK COMPLETED TO DATE $79,368.50 /1 61606147-OREQ2,x1.s PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BONEsTROO FILE NO. 000616-06147-0 CONTRACTOR PRECISION EXCAVATING & GRADING LLC CHANGE ORDERS No. Date Descri ption Amount Total Change Orders PAYMENT SUMMARY No. From 0 Payment etamage ComDlete 1 08/15/2007 09/06/07 47,933.20 2,522.80 50,456.00 2 09/07/2007 09/20/07 27,466.88 3,968.43 79,368.50 T R d Material on Hand Total Payment to Date $75,400.08 Oriqinal Contract $297,494.75 Retainaae Pay No. 2 3,968.43 Change Orders Total Amount Earned $79,368.50 Revised Contract $297,494.75 61606147-0REQ2.xIs /t j.~./....t..'-' [l.....J '1'--'7 '-I lJ:, {v",,",,-t\. C~Vv.'1ik-- 9-OI'l,t,.-",dL - Ma-Pn? i!)JZ.. WORK PERFORMED AT: CONTRACTORS INVOICE vv..-J S:f.-V~ l( ~,p ~"'VL,/" ilK- TO: Y()!l~,W~F1K..W'lR~6,N(){,."..... WJ:::~~~:':\~-~"::'~;j"~;~'~:'l;.h:'iJ~::"t,~}}:~;,::';\;;t ,;1. .:- .''', :'; ,>",?:;:'.~:" OUR. BID. No... ';1~,; , .-. :.)". -,. ....,:'-<,: '" ~. 'i;. . ..<1'.,"0' .0j,:'.":i-,-',""", ~,'",~,<', , DESCRIPTION OF WORK PERFORMED / /y& "32, ~ /' ,DO Z- Z . Co l\.\ \ All Material Is guaranteed to be as specified, and the above work was performed in accordance with the drawings and speciflcallons provided for the above work, and was completed In a substantial workmanlike manner for the agree sum of . .-J - YI'/l.L- -A ....~$ /1 rz.~. ('I:l ). This Is a N'nartial D Full Invoice dua and payable by: J '/'" +-- -z. ~ -? " rJ"7 yr-r Month Day Year in accordanca with our ~Agreement D Proposal No. ClOr, I Dated ~ ---'==--- Z-c.a7 Mo h Day Year CONTRACTORS INVOICE 19 at; TC8122 .......MADE ,IN MEXICO .. , . Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 651-784-7472 MEMO Date: September 18, 2007 To: Dalles Larson, City of Centerville Paul Palzer, City ofCenterville Terry Sweeney, Centerville Lions Club Subject: Milo Bennett, Fire Chief ~ Centerville Lions Club Haunted House From: The Centerville Lions Club is preparing for their annual haunted house for the children this Halloween. Even through this is a popular event and everyone has the best of intentions, I don't believe there is any way to allow this event in the old Waterworks building. The haunted house actually falls under the "special amusement building" category in the Minnesota Fire Code and requires many items such as an alarm system that is not installed in this building at this time. There also may be a need for automatic fire sprinkler protection. The liability for everyone involved is huge if a child should get hurt in a facility like this because we allowed the event to happen in a structure that did not meet requirements. Even though there is a huge liability, the main concern is that we have a safe location for such an event. Heaven forbid if some young child was injured or worse yet killed because we didn't enforce the rules. ):(J , ' , . The fact that this event has taken place in buildings in the past that did not meet the Minnesota Fire code, does not mean this practice should be continued, The Fire code is written for the protection of the citizens that are in the various buildings. This may be an issue that the City Council should be aware of because this is an annual event that has taken place for many years. The Fire Inspector and the Centerville Building Inspector have said that they suspect there is also a mold issue in the Waterworks building. There may be another structure in Centerville that meets code that the Lions club could use for such an event. As always we are willing to work with anyone involved to make sure we have a safe event. /C/ .tt Bonestroo Owner: City of Centerville, 1880 Main Street, Centerville, MN 55038-9794 Date: Seotember 5, 2007 For Period: 8/7/2007 to 9/5/2007 Request No: 3 Contractor: Veit & Comoanv, Inc, 14000 Veit Place, Roqers, MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT 2007 HIDDEN SPRING PARK IMPROVEMENTS BONESTROO FilE NO. 000616-07155-0 YO.}-- 4Sl.tJ'l-JOD SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ $ 0.00 $ 000 $ $ $ $ $ $ $ $ 3 $ 218,28100 218,28100 213,11235 0.00 213,li235 10,65562 202,45673 152,25769 000 50,19904 Recommended for Approval by: BONESTROO II~ Approved by Connactor: VEIT 8< COMPANY, INC. Approved by Owner: CITY OF CENTERVILLE tJ) -"I.~ f.",(' ..PI ~7 Specified Contract Completion Date: Date: 61607155REQ3.x1s 12 Contract Unit Current Quantity Amount No, Item Unit Quantity Price Quantity to Date to Date PART 1 - SITE GRADING: 1 MOBILIZATION LS 1 18000.00 1 118,00000 2 TRAFFIC CONTROL LS 1 55000 1 $550.00 3 TEMPORARY ROCK CONSTRUCTION ENTRANCE TN 35 25.00 47 47 $1,17500 4 REMOVE CONCRETE CURB AND GUTTER LF 100 3.50 71 $248.50 5 REMOVE STORM SEWER PIPE LF 28 2300 28 $644.00 6 REMOVE BITUMINOUSIGRAVEL DRIVEWAY & TRAIL SY SOO 1.60 57S S75 $920.00 7 SILT FENCE, MACHINE SLICED LF 620 1.65 230 $379.50 8 PROTECTIVE FENCING LF 1350 1.95 570 970 $1,89150 9 EROSION CONTROL BLANKETS, CATEGORY 3 SY 660 US 398 398 $696.S0 10 CLEAR AND GRUB fREE 10 1100.00 1 11 $12,10000 11 TREE PRUNING I TRIMMING EA 4 890.00 4 $3,560.00 12 COMMON EXCAVATION (EV) CY 500 3.00 SOO $1,50000 13 SUBGRADE EXCAVATION (EV) CY 100 6.00 95 95 $570.00 14 GRANULAR BORROW (CV) CY 100 13.00 95 95 $1,23500 15 SUBGRADE PREPARATION SY 700 1.50 654 654 1981.00 16 STRIP, STOCKPILE, RESPREAD EXISTING TOPSOIL L5 1 7700.00 1 $ 7)0000 17 TOPSOIL BORROW (LV) CY 200 25.00 2292 229.2 $5,730.00 18 FURNISH & INS,ALL RAIN GARDEN SOIL MIX (CVI CY 80 70.00 45_72 105.72 $7,400.40 TOTAL PART 1 - SITE GRADING: $65,281.40 PART 2 - WATER MAIN: 19 1" CURB STOP AND BOX EA 1 108.00 1 $10800 20 314" CURB STOP AND BOX EA 2 92.00 2 $184 00 21 CONNECT TO EXISTING WATER SERVICE EA 1 325.00 1 $325.00 22 CONNECT TO EXISTING 1" STEEL ARTESIAN WELL PIPE EA 1 650.00 1 165000 23 314" TYPE "K" COPPER WATER SERVICE LF 100 30.00 75 $2,25000 TOTAL PART 2 - WATER MAIN: $3,51700 PART 3 - STORM SEWER: 24 15" HDPE STDRM SEWER LF 48 25.00 43 $1,D7500 25 10" HDPE STORM SEWER LF 40 2100 36 $756.00 26 12" HDPE OUTfLOW WITH BEEHIVE LF 20 5500 30 $1,65000 27 15" HDPE FLARED END SECTION EA 1 315.00 1 131500 28 12" HOPE fLARED END SECTION EA 1 310.00 1 $310.00 29 10" HDPE FLARED END SECTION EA 4 310.00 $0.00 30 CONNECT 10 EXISTING CATCH BASIN EA 1 650.00 1 $650.00 31 ORNAMENTAl SLA8UMESTONE OUTFLOW STRUCTURE EA 2 2780.00 2 $5,56000 TOTAL PART 3 - STORM SEWER: $10,31600 PART 4 - TRAILS AND EQUIPMENT PADS: 32 GEOTEXTILE FABRIC, TYPE V 5Y 700 1.50 654 1981.00 33 AGGREGATE BASE, CLASS 5, 100% CRUSHED LIME ROCK - TRAil AND PADS TN 266 30.00 4309 280.09 $8,40270 34 SURMOUNTABLE CONCRETE CURB AND GUTTER Lf 100 nOD 71 $1,562.00 35 4" CONCRETE SIDEWALK Sf 200 5.00 200 $1,00000 36 TRUNCATED DOME PANEL SF 24 20.00 16 1320.00 37 2EBRA CROSSWALK - EPOXY SF 126 1000 90 1900.00 TOTAL PART 4 - TRAILS AND EQUIPMENT PADS: $13,165 70 PART 5 - SITE FURNISHINGS: 38 8ENCHES - DuMor 88-60PL-S-1 EA 3 105000 3 3 $3,150.00 39 GLIDER BENCH - DuMar 30-6' -S-l EA 1 1840.00 $0.00 40 LITTER I RECYCLING RECEPTACLES - 41-32PL-2-1 EA 2 84000 2 2 $1,68000 41 GRILLS - DuM or 21-00-S-1 EA 2 590.00 2 2 $1,18000 42 BIKE RACK - DuMar 130-20-S-1 EA 1 640.00 1 1 1640.00 43 DRINIKING fOUNTAIN - MOST DEPENDABLE MODEL 440 DB EA 1 3700.00 1 $3,700.00 TOTAL PART 5 - SITE FURNISHINGS: $10,35000 61!)07155REQ3,l<!s Z3 Contract Unit Current Qua nUty Amount No. Item Unit Quantity Price Quantity to Date toDate PART 6" RAIN GARDEN AND SWALES: 44 RAIN GARDEN 'YNAlE WITH WASHED RIVER ROCK IF 77 3650 62 $2,26300 45 ORNAMENTAL SLAB LIMESTONE OUTCROPS J lEDGES I GROUPINGS l5 1 8150.00 0.25 1 $8,15000 46 4" PERFORATED POLYETHYlENE PIPE, INCl. AGGREGATE AND GEOFABRIC IF 74 11.00 65 $715.00 TOTAL PART 6 - RAIN GARDEN AND SWALES: $11,12800 PART 7 " ARTISAN WELL: 47 ARTISAN WEll . BASIN (POND LINER), STEPPED SWAlE WITH ORNAMENTAL SLAB lS 14100.00 015 $14,10000 48 LIMESTONE OUTCROPS J lEDGES J GROUPINGS lS 12140.00 0.15 $12,140.00 TOTAL PART 7 - ARTISAN WEll: $26,24000 PART 8" LANDSCAPING: 49 RAIN GARDEN & SWAlE SHRUBS, FORBS, PERENNIALS, GRASSES, AND BLANKET lS 1 27725.00 01 0.85 $23,56625 50 S.ODDING, LAWN TYPE SY 5000 3.50 3018 5568 $19,488 00 TOTAL PART 8 -lANDSCAPING: $43,05425 PART 9 " ELECTRICAL: 51 ElECTRIC WORK lS 1 10700.00 05 $10,70000 TOTAL PART 9 - mCTRICAL: $10,70000 ALTERNATE 3 NO." SHORELAND STABllIZATIONJRENOVATION: 55 SHORElAND STABIlI2ATlON I RENOVATION IF 220 8800 40 220 $19,36000 TOTAL ALTERNATE 3 NO - SHORElAND STABllIZATlONIRENOVATION: $19,36000 TOTAL PART 1 - SITE GRADING: TOTAL PART 2 - WATER MAIN: TOTAL PART 3 - STORM SEWER: TOTAL PART 4 . TRAilS AND EQUIPMENT PADS: TOTAL PART 5 "SITE FURNISHINGS: TOTAL PART 6 - RAIN GARDEN AND SWALES: TOTAL PART 7 - ARTISAN WEll: TOTAL PART 8 - lANDSCAPING: TOTAL PART 9" ELECTRICAL: TOTAL AlTERNATE 3 NO. - SHORELAND STABllIZATlONIRENOVATlON: $65,28140 $3,51700 $10,31600 $13,16570 $10,35000 $11,12800 $26,240 00 $43,05425 $10,70000 $19,36000 TOTAL WORK COMPLETED TO DATE $213,11235 61607155REQ3 xis /4 PROJECT PAYMENT STATUS OWNER CITY OF CENTERVlllE BONESTROO FilE NO. 000616-07155-0 CONTRACTOR VEIT & COMPANY, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retamage Complete 1 06/01/2007 07/26107 59,292.83 3,120.68 62,413.51 2 07127/2007 08106/07 92,964.86 8,013.56 160,27125 3 08/07/2007 09/05/07 50,199.04 10,65562 213,112.35 d Material on Hand Total Payment to Date $202,456.73 Original Contract $218,28100 Retainage Pay No. 3 10,655.62 Chanoe Orders Total Amount Earned $213,112.35 Revised Contract $218,281. 00 -~ 616071 55REQ3.xJs j7Z'J /-. ',,~ ANOKACOUNTYATTORNEY ROBERT MA JOHNSON Government Center. 2100 Third Avenue. Anoka, MN 55303-2265 attorney@co.anoka.mn.us Administration Civil Division Family Law Division (763) 323-5550 (763) 422-7589 Fax Expedited Process (763) 323-5550 (763) 323-5570 Fax Criminal Division (763) 323-5586 (763) 422-7524 Fax Victim-Witness Services (763) 323-5559 (763) 323-5769 Fax Juvenile Division Investigation Division (763) 323-5586 (763) 323-5651 Fax September 6, 2007 TO: Anoka County Chiefs of Police FROM: Bob Johnson, Chair Anoka County Joint Law Enforcement Council RE: Anoka County-City Joint Powers Agreement for Mutual Aid The Anoka County Joint Law Enforcement Council recommends that the county and the cities in Anoka County enter into a new law enforcement mutual aid agreement. The existing agreement is over 20 years old and does not address current issues. The enclosed agreement represents the conclusion of the Council as to its terms. It largely follows the League of Cities recommendations for such a mutual aid agreement. Please have your city execute the agreement and return to me. Call me if you have any questions. RMA1:ds Ene. Affirmative Action I Equal Opportunity Employer ~ , ANOKA COUNTY- CITY JOINT POWERS AGREEMENT FOR MUTUAL AID THIS MUTUAL AID AGREEMENT made and entered into by and between the undersigned units of government all acting by and through their governing bodies, WITNESSETH THAT: WHEREAS, Minn. Stat. 471.59 authorizes the joint and cooperative exercise of powers common to contracting governmental units; and WHEREAS, the undersigned governmental units recognize that there are circumstances where it is an efficient use of government resources to make equipment, personnel and other resources available to political subdivisions from other political subdivisions; and WHEREAS, the undersigned governmental units entered into a Law Enforcement Joint Powers Agreement in 1981, which provided for the sharing of police and law enforcement resources under certain defined circumstances; and WHEREAS, the undersigned units of government wish to modify the terms of the 1981 Joint Powers Agreement for the provision of'mutual aid and assistance in order to conform to both existing law and to the current needs of the governmental units herein; and NOW THEREFORE, in consideration of the mutual covenants contained' herein, the undersigned units of government do covenant and agree pursuant to Minn. Stat. 471.59 as follows: 1. PURPOSE. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions within Anoka County from other political subdivisions within Anoka County. 2. DEFINITIONS. a. "Party" means a political subdivision. -1- Anoka County-City Mutua! Aid Agreement ;21 b. "Requesting Party" means a party that requests assistance from other parties. c. "Requesting Official" means any person designated by a Party who is responsible for requesting Assistance from other Parties. Each party to this agreement has the authority to designate such person, persons or Departments that are authorized to act as a requesting official. In the case of requests for law enforcement personnel and equipment, the Requesting Official shall be the chief law enforcement officer of the Party, or his or her designee(s). d. "Responding Party" means a party that provides assistance to a Requesting Party. e. "Responding Official" means a person or persons designated by a . Party, who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. Each party to this agreement has the authority to designate such person or persons who are authorized to act as a responding official. In the case of requests for law enforcement personnel and equipment, the Responding Official shall be the chief law enforcement officer of the Party, or his or her designee(s). f. "Assistance" means L Law enforcement personnel and equipment II. Fire and/or emergency medical services personnel and equipment iiL Public Works personnel and equipment IV. Utility personnel and equipment v. Other assistance as requested by the Requesting Party 3. PROCEDURE. a. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, a Requesting Official may call upon a Responding Official of any other party to furnish assistance. b. Response to request Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. c. Recall of assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an ,'2 . 12 /\noka County-City Mutua: Aid Agreement order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. d. Command of scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 4. WORKERS' COMPENSATION. Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self- insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 5. DAMAGE TO EQUIPMENT. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 6. LIABILITY. a) For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Chapter 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. b) The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and :3. Anokfl Counly..City Mulua; Aid Agreement ;!Cj provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. c) No party to this agreement nor any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. 7. EFFECTIVE DATE. This agreement shall be effective upon its execution by two or more governmental units. Additional governmental units may join this agreement through proper execution of this Agreement and this agreement shall be effective as to such units upon execution. 8. TERMINATION AND WITHDRAWAL. Any party to this agreement may withdraw from this agreement upon thirty (30) days written notice to the other parties to the agreement, delivered to the Mayor or Clerk of the municipal parties and to the Chair of the Anoka County Board of Commissioners. Such withdrawal shall not terminate this agreement except as to such party and this agreement shall continue unless and until there is only one remaining party. It is further agreed that the prior Joint Powers Agreement between the parties covering the - 4. AnoK8 CoclnlV.City Mufua' AId Agre(,nwnt J() provision of law enforcement mutual aid is hereby terminated and is superseded by this agreement. IN WITNESS WHEREOF, each party has read, agreed to and executed this Mutual Aid Agreement on the dates indicated below. CITY OF ANOKA CITY OF BLAINE By: By: Its: Its: By: By: Its: Its: Dated: Dated: CITY OF CENTERVILLE CITY OF CIRCLE PINES By: By: Its: Its: By: By: Its: Its: Dated: Dated: CITY OF LEXINGTON CENTENNIAL LAKES POLICE DEPARTMENT GOVERNING BOARD By: By: Its: Its: By: By: Its: Its: Dated: Dated: -!j- ,"noh,! COImty.-City Mu[ua: Aid Agreemont J/. CITY OF COLUMBIA HEIGHTS By: By: Dated: Its: Its: CITY OF FRIDLEY By: By: Dated: Its: Its: CITY OF RAMSEY By: By: Dated: Its: Its: CITY OF SPRING LAKE PARK By: By: Dated: Its: Its: CITY OF COON RAPIDS By: By: Dated: Its: Its: CITY OF L1NO LAKES By: By: Dated: Its: Its: CITY OF ST. FRANCIS By: By: Dated: Its: Its: COUNTY OF ANOKA By: Dennis D. Berg, Chair County Board of Commissioners By: Terry L. Johnson County Administrator Dated: AIlOKa CO:Il1Iy-Clty Mutua! Aid Agrc'ot11iJ!1l 31- Bruce Andersohn Anoka County Sheriff Dated: . ! . AnoKa COUflty.Clty MtdU;J: j\id ^qret11'iliDnt -;;0 ~J NORTH METRO TELECOMMUNICATIONS COMMISSION MEMO TO: OPERATIONS COMMITTEE FROM: HEIDI ARNSON SUBJEcr: ADDmONAL FRANCHISE 1EMPLATE SUMMARY DATE: 9/4/07 Telephone companies want to provide video services. However, they have stated that they believe the current franchising process takes too long and that cities serve as barriers to entry into the market. As such they are lobbying state and federal govemment hard to change laws to benefit them in the video service marketplace. The FCC recently approved a "Report and Order" that only allows local franchising authorities 90 days to negotiate a franchise for a phone company to provide video service. The new guideline became effective on August 6, 2007. The North Metro Telecommunications Conunission (NMTC) approved "Policies and Procedures" for accepting applications for competitive franchises in December 2006. The policies and procedures take into account Minnesota St'dtute 238 and the new regulatory guidelines indicated in the FCC's "Report and Order." The Policies and Procedures simplify and streamline the application process, challenging the argument that cities serve as a barrier to entry in the market With an Additional Franchise Template for video service competitors, the franchise application, negotiation, and approval process would be greatly hastened. The "Model Additional Franchise Template" is based on the existing franchise with Comcast. It maintains a '1evel playing field" and considers community needs and interests, but it also addresses technological changes and the new regulatory framework When drafting the document, the NMTC's leg.u counsel carefully considered Minnesota Statute 238, the recent FCC "Report and Order" and the existing franchise. The most significant changes include the sections regarding PEG and I-NET support. The new document was written so that competitive providers will provide equivalent support for PEG on a per-suhscriber, pro-rata hasis. New providers would also have to provide an equivalent investment in an I-NET, whether that is an additional non-duplicative I-NET, or the equivalent cost of an I-NET paid on a per-subscriber, pro-rata basis. The additional franchise also indicates various fees that will NOT be deducted from franchise fees. 1bis change was necessitated by language in the FCC's "Report and Order" that could be interpreted to allow a franchise holder to offset certain costs and fees against franchise fee payments. The NMTC reviewed and approved the "Model Additional Franchise Template" at their August 15, 2007 meeting. The Operations Conunittee has also reviewed the document Both groups recommend that the individual cities pass a resolution approving the template franchise. ~/' DRAFT ORDINANCE NO. CITY OF , MINNESOT A CABLE TELEVISION FRANCHISE ORDINANCE Date: [Insert nate[ 3s DRAFT T ABLE OF CONTENTS ITO BE INSERTEll) EXHIBIT A System Construction Schedule EXHIBIT B North Metro Franchise Area Map EXHIBIT C Subscriber Network Drops La Designated Buildings 3? DRAFT ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO (INSERT COMrLETE NAME OF API>L.ICANT!, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN TilE CITY OF , MINNESOTA, FOR THE PURPOSE OF PROV[DING CABLE SERVICE; SETTING FORTII CONDITIONS ACCOMPANY[NG THE GRANT Of TllE FRANCHISE; PROVIDING FOR REGULATION AND USE OF TllE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION W[TH THE CIIY'S R[GHT-Of-WAY ORD[NANCE, [I' ANY; AND PRL:SCRLBING PFNALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. The City Council of the City 01'________ , Minnesota ordains: STATEMENT OF INTENT AN)) PURPOSE The City intends, by the adoption of this Franchise, to bring about the development of an additional Cable System and the continued opcration of it. Such devdopment can contribute significantly to the communication needs and interests of the residents and citil.ens of the City and the public generally. Further, the City lllay achieve better utililation and improvement of public scrvices and enhanccd economic growth with the development and operation of an additional Cable System. Adoption of this franchise is, in the judgment of the Council, in the best interests of the City and its rcsidents. FINIlINGS Alicr rcvicwing the Grantce's application, and as a rcsult ofa public hearing, thc City Council makes the following findings: L The Grantee's technical ability, financial condition, legal qualilicalions and character were considered and approved in a full public proceeding alter due notice and a reasonable opportunity to be heard; 2. Grantee's plans for constructing and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, lederallaws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. 31 DRAFT SECTION I. SHORT TITLE AND DEFINITIONS 1.1 Short Title. This Franchise Ordinance shall be known and cited as the "(Insert Applicant Namel Cable Franchise Ordinance." 1.2 J}efinitions. For purposes ofthis Franchise, the 1()llowing terms, phrases. words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense inelude the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in applicable law and, if not defincd therein, the words shall he given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. 1.2.1 "Actual Cost" means the incremental cost to the Grantee of materials, capitalized labor and borrowing necessary to install and construct tiber-optic lines, coaxial cable and/or equipment. 1.2.2 "Affiliate" means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with the Grantee. 1.2.3 "Basic Cahle Service" mcans the lowest priced tier of Cable Serviee that includes the lawful retransmission of loeal television broadcast signals and any publie, edueational and governmental access programming required by this Franehise to be carried on the basic tier. Ilasic Cable Service as defined herein sha II not be inconsistent with 47 U.s.e. ~ 543(b)(7). 1.2.4 "Cable Service" or "Service" means (I) the one-way transmission to Subscribers of (a) video programming or (b) other programming services; and (2) Subscriber interaction, if any, which is required tor the selection or use of such video programming or other programming services. For purposes of this Franchise, "Cable Serviee" includes, but is not limited to, all video programming and other programming services delivered by a cable operator, an open video system operator, a broadband service provider and/or any local exchange carrier over a set of closed transmission paths and associated signal generation, reception and control equipment. in any analog or digital form, and irrespective of the technology utilized 2 3f DRAFT to lransmitthe video programming and other programming services including, but not limited to, video programming and other programming services providcd by lntornet Protocol or xDSL video, and video programming and other programming services delivered over an integrated Internet Protocol platform or a very-high-data- rate digital subscriber line, and any other services and capabilities that may be considered a Cable Service consistent with applicable law. Cable Service, as dolined herein, does not include any service that is solely and exclusively classified as an information service Ot. a telecommunications service under applicable laws and regulations binding on the City. 1.2.5 "Cable Svstem" or "Svstem" means the facility of the Grantee consisting ol'a set of closed tmnsmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service, which includes video programming and which is provided to multiple Subscribers within the City, but sueh term does not include: (I) a facility that only serves to reiransmit the tdev ision signals of one or more television broadcast stations; (2) a facility that serves Subscrihers without using any Rights-ol:Way; (3) a laci)ity of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility shall be considered a System (other than lor purposes 01'47 U,S.c. ~ 541(c)) ifsuch lacility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) an open video system that complies with 47 U .S.C. ~ 573; (5) any facilities of any electric utility used solely for operating its eleetric utility system; or (6) a translator systcm which receives and rebroadcasts over-the-air signals. A reference to the System in this Franchise refers to any part of such System including, withoullimilalion, Converters. The loregoing delinition of "System" shall not be deemed to circumscribe or limit the valid autbority of the City to regulate or ti-anchise the activities of any other communications system or provider of communications service to the full extent permitted by law. "Cable System" or "System" as delined herein shalt not be inconsistent with thc definitions set fOl1h in applicablc law. The term "Cable System," as defined herein, includes a cable eommunications system, as defined in Minn. Stat. S 238.02, subd. 3, and any system, irrespective of the technOlogy utilized, that is used or designed to provide Cable Service to multiple subscribers by a cable operator, a broadband service provider, and/or a local exchange carrier, in any analog or digital format, including, but not limited to, an integrated Internet Protocol platform, an xDSL line and a very-high-data-rate digital subscriber line. 1.2,6 "Citv" means City of , Minnesota, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. 3 3; ORAFT 1.2.7 "Citv Code" means the to time. City Code. as amended from time 1.2.8 "Commission" means the North Metro Telecommlmications Commission, a municipal joint powers consortium comprised of the nllmicipalities of Blaine. Centerville. Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park, Minnesota. In the event the City lawlLllly withdraws from the Commission. any reference to the Commission in this Franchise shall thereaner be deemed a reference to the City, and the rights and obligations related thereto shall. where possible, accrue pro rata to the City, pursuant to a transition agreement to be negotiated at such time by and between the City, the Commission and the Grantee. The total burden of Grantee's obligations under this Franchise and any Franchise the Urantee may have with the other member cities of the Commission shall not be increased as a result of any such withdrawal. 1.2.9 "Converter" means an electronic device (sometimes referred to as a receiver) which may serve as an interface between a System and a Subscriber's television monitor, and which may conve,1 signals to a frequency or format acceptable to a television monitor of a Subscriber and may, by an appropriate selector, permit a Subscriber to view all signals of a particular service. 1.2.10 "!::fI" means the annual average of the Consumer Price Index for all Urban Consumers (CPI-U) for the Minneapolis-St. Paul Consolidated Metropolitan Statistical Arca, as publishcd by thc Burcau of Labor Statistics. 1.2.1 I "I)ron'''' means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. 1.2.12 "Educational Access Channel" or "Educational Channel" means allY channel eapacity on the System set aside by the Grantee for Noncommercial educational use by educational institutions, as contemplated by applicable Jaw. 1.2.13 ".FCC" means the Federal Communications Commission, its designee, and any legally appointed, designated or elected agent or successor. 1.2.14 "Frllnchise" or "Cable Franchise" means this ordinance, as may be amended from time to time, any exhibits attached hereto and made a part hereof; and the regulatoI)' and contractual relationship established hereby. 1.2.15 "Governmental Access Channel" or "Governmental Channel" means any channel capacity on the System set aside by the Grantee for Noncommercial use by the City or its delegatee. 4 f!J DRAFT 1.2.16 "Grantee" is /lnsert Complete Name of Applicantl, and its lawful successors, transferees or assignees. 1.2.17 "Gross Rev'enues" means any and all revenues arising Irom or attributable to, or in any way det;ved directly or indirectly by the Grantee or its Amljates, subsidiaries, or parent, or by any other entity that is a cable operator of the System, from the operation of the Grantee's System to provide Cable Services (including cash, credi ts, property or other consideration of any kind 01' nature), Gross Revenues include, by way of illustration and not limitation, monthly ICes charged to Subscribers for any basic, optional, premium, per-channel, or per-program service, or other Cable Service including, without limitation, [nstallation, disconnection, reconnection, and change-in-service fees; Lockout Device i'ees; Leased Access Channel fees; late fees and administrative i'ees; fees, payments or other consideration received Irom programmers for carriage of programming on the System and accounted for as revenue under GAAP; revenues Irom rentals or sales of Converters or other equipment; fees related to commercial and institutional usage of the System or the I-Net; advertising revenues; interest; barter; revenues Irom program guides; Iranchise fees; cable modem and Internet access fees, to the extent permitted by law, and revenues to the System Irom home shopping, bank-at-home channels and other revenue sharing arrangements. Gross Revenues shall include revenues received by an entity other than the Grantee, an AtliJiate or another entity that operates the System where necessary to prevent evasion or avoidance of the Grantee's obligation undcr this Franchise to pay thc franchisc fcc. Gross Revcnucs shall not include: (i) to the extent consistent with generally ac.cepted accounting principles, actual bad debt write-on);, provided, howevcr, that all or part of any such actual bad debt that is written off but subsequenlly collected shall be included in Gross Revenues in the period collcctcd; (ii) any taxes 011 scrviccs lurnished by the Grantee imposed by any municipality, slate or other governmental unit, provided thatli-anchise i'ees shall not be regarded as such a tax; (iii) FCC regulatory fees; (iv) Subscriber crcdits, adjustments or refunds; (v) PEG fees; or (vi) refundable Subscriber deposits. 1.2.18 "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Converter or other terminal equipment. 1.2.19 "Institutional Network" or "~" means the discrete bi-directional communications network and services related to such network provided by the Grantee, as further described in Section 7 herein. 1.2.20 "Leased Access Channel" means channels on the System which are designated or dedicated lor use by a Person unaf1iliated with the Grantee pursuant to 47 U.S.c. 5 -<II DRAFT ~532. 1.2.21 "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal, which inhibits the viewing of a certain program, certain channel or certain channels provided by way of the Cable System. 1.2.22 "Node" means the transition point between optical light transmission and the RF transmission signals being delivered to and received Irom the Subscriber's home. or in the case of an Institutional Network, signals being delivered to and received Ii'om Institutional Network user sites. 1.2.23 "Noncommercial" means, in the context of PEG channels, that particular products and services are not promoted or sold. This term shalluot be interpreted to prohibit a PEG chaunel operator or programmer Ii'om soliciting and receiving voluntary linancial support to produce and transmit video programming on a PEG channel, or Irom acknowledging a contribution. In the context of any Institutional Network, particular produets or serviees shall not be sold by the City or other [-Net users;however, the City may provide governmental services or products, as distinguished Irom proprietary serviees or products, for a fcc to other govemments or educational institutions. 1.2.24 "Normal ODemtin!! Conditions" means those service conditions that are within thc control ofthc Grantec. Conditions that arc ordinarily within thc control of the Grantee include. but are not limited to, special promotions, pay-per-view events, rate increases. regular peak or seasonal demand periods, maintenance or upgrade of the System (including any I-Net) and the development, operation or maintenance of the Grantee's tclcphone system. Conditions that arc not within the control of thc Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. 1.2.25 "North Metro Franchise Area" means the geographic area consisting of {he Minnesota cities of Blaine, Centerville, Circle Pines, Bam Lake, Lexington, Lino Lakes and S pring Lake Park. 1.2,26 "PEG" means public, educational, religious and governmental. 1.2,27 "Person" means any individual. partnership, association, joint stock company, joint venture, domestic or foreign corporation, stock or non-stock corporation, limited liability company. professional limited liability corporation, or other organization of any kind, or any lawful successor or transteree thereot: but such term does not include the City or the Commission. 6 12- DRAFT 1.2.28 "Public Access ChanneJ(s)" means any and all channel capacity on the System set aside by the Grantee for Noncommercial use by the general public, as contemplated by applicable law. 1.2.29 "Rieht-of-Wav" or "Riehts-of-Wav" means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharC pier, easement or similar properly or waters within the City owned by or under conlrol of the City, or dedicated lor general public use by the City, including, but not limited to, any riparian right, which, consistent with the purposes l~)[' which it was created, obtained or dedicated. may be used for the purpose of installing. operating and maintaining a System, and any I-Net. No reference herein to a "Right-ol:Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control ()l' use such property is sullicient to permit its use [()f the purpose of installing, operating and maintaining the System, or any I-Net. 1.2.30 "Ril!ht-of-Wav Ordinance" means any ordinance of the City codifying requirements regarding regulation, management and use of Rights-ol~ Way in the City, including registration, fees, and permitting requirements. 1.2.31 "Standard Installation" means any residential Installation which can be completed using a Drop of 150 fcct or less. 1.2.32 "State" means the State oCMinnesota, its agencies and departments. 1.2.33 "Subscriber" means any Person that lawfully receives service via the System with the Grantee's express permission. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee. tenant or occupant. 1.2.34 "Svstem Construction" means the construction of the System in accordance with Minn. Stat. ~ 238.084, subd, l(m), and any other applicable laws, regulations and/or requirements, as more fully described in Section 4. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Grant of Franchise. This franchise is granted pursuant to the terms and conditions contained herein and in applicable law. The Grantee, the City and the Commission shall comply with all provisions of this Franchise and applicable law, regulations and codes. Failure of the 7 43 DRAFT Grantee to construct, operate and maintain a System as described in this Franchise, or to mcct obligations and comply with all provisions hcrein, may be deemed a violation of this Franchise. 2.2 Grant of Nonexclusive Authoritv. 2.2.1 Subjeclto the terms of this Franchise, the City hereby grams the Grantee the right to own~ construct, operate and maintain a System in, along. among, upon, across, above. over, or under the Rights-ol~ Way. 'rhc grant of authority set forth in this Franchise applies only to the Gramee's provision of Cable Scrvice; provided. however, that nothing herein shall limit the Grantee's ability to use the System for other purposes not inconsistent with applicable law or with the provision of Cable Ser,'jce; and provided further, that any local, State and federal authorizations necessary lor the Grantce's use of the System Jor other purposes arc obtained by the Grantee. This Franchise does not con fer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowcd by this Franchise or grant. The System eonstructcd and maintained by Grantee or its agents pursuant to this Franchise shall not imerfere with other uses of the Rights-of~ Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and ceonomically feasible to do so. 2.2.2 Notwithstanding the above grant to use Rights-of~Way, no Rjght-ol~Way shall be used by the Grantee if the City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right-ot~ Way was created or dedicated, or with the present use ofthe Right-of~ Way. 2.2.3 This Franchise and the right it grants to use and occupy thc Rights-of~ Way shall not be exclusive and this Franchise does not, explicitly or implicitly, preclude the issuanc,e of other lranchises or similar authorizations to operate Cable Systems within the City. 2.2.4 This Franchise authorizes only the use of Rights-of"Way for the provision of Cable Service. Therefore, the grant of this Franchise and the payment of franchise fees hereunder shall not exempt the Grantee from the ohligation to pay compensation or fees for the use of City property, both real and personal, other than the Rights-of- Way: provided, however, that such compensation or fees are required by City ordinance, regulation or policy and are nondiscriminatory, 8 ~4 DRAFT 2.3 Lease or Assi!!nment Prohibited. No Person or governmental body may lease Grantee's System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise, including, without limitation, a requirement on such Person to pay franchise lees on such Person's or governmental body's use of the System to provide Cable Services, to the extent there would be such a requirement under this Franchise if the Grantee itself were to use the System to provide such Cable Service. Any assignment of rights under this Franchise shall be subject to and in accordancc with the requirements of Section 10.5. 2.4 Franchise Tel'm. 'rhe term of this Franchise shall extend IrotD the date of acceptance by the Grantee until November 21,2017, unless sooner renewed, revoked or terminated as herein provided. 2.5 Comnliance with AnnlicabJe Laws. Resolutions and Ordinances. 2.5.1 The terms ofthis Franchise shall define the contractual rights and obligations of the Grantee with respect to the provision of Cable Service and operation of the System in the City. However, the Grantee shall at all times during the term of this Franchise be subject to the lawful exercise of the police powers of the City, the City's right to adopt and enforce additional generally applicable ordinances and regulations, and lawful and applicable zoning, building, permitting and safety ordinances and regulations. The grant ofthis Franchise does not relieve the Grantee of its obligations to obtain any generally applicable licenses, permits 01' other authority as may be required by the City Code, as it may be amended, for the privilege of operating a business within the City or for performing work on City property or within tIle Rights-of:Way, to the extent not inconsistent with this Franchise. Except as provided below, any modification 01' amendment to this Franchise, or the rights 01' obligations contained herein, must be within the lawful exercise of the City's police powers, as enumerated above, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment 01' modiJieation. This Franchise may also be modified or amended with the written consent of the Grantee as provided in Section ]].3 herein. 2.5.2 The Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights-of:Way within the City which may have the ellect of superseding, modifying or amending the terms of 9 ~% DRAFT Section 3 and/or Section 8.5.3 herein; except that the Grantee shall not, through application of such City ordinance or regulation of Rights-ol~Way, be subject to additional burdens with respect to usage of Rights-of-Way that exceed burdens on similarly situated Right-ol~Way users. 2.5.3 In the event of any conllict between Section 3 and/or Section 8.5.3 of this Franchise and any lawfully applicable City ordinance or regulation which addresses usage of the Rights-of~Way, the contlicting terms in Section 3 and/or Section 8.5.3 of this I'ranchisc shall be supersedcd by such City ordinance or regulation; cxcept that the Grantee shall not, through applieatioo of sueh City ordinanee or rcgulation of Rights-ol~Way, be subject to additional burdeos with respect to usage of Publie Rights-of~Way that exceed burdens on similarly situated Right-ol~Way users. 2.5.4 In the event any lawfully applicable City ordinance or regulation which addresscs usage of the Rights-of-Way adds to, modilies, amends. or otherwise dilTerently addresses issues addressed in Section 3 andlor Section 8.5.3 of this Franchise, the Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was lirst adopted; except that the Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-ol~ Way that exceed burdens on similarly situated Rights-ol~ Way users, 2.5.5 ln the event the Grantee eannot determine how to comply with any Right-of.-Way requirement of the City, whether pursualll to this Franchise or othcr rcquirement, the Grantee shall immediately provide written notiee of sueh question, induding the Grantee's proposed interpretation, to the City. The City shall provide a written response within ten (10) business days of receipt indicating how the requirements cited by thc Grantee apply, The Grantee may procccd in accordancc with its proposed interpretation in the event a wrilten response is not received within thirteen (13) business days of mailing or delivering such written question, 2.6 Rules of Grantee. The Grantee shall have (he authority (0 promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantec to exercise its rights and per/ornl its obligations under this Franchise and applicable law, and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations. terms and conditions shall not be in conilict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota. the City, or any other body having lawfuljurisdictioll. 10 4~ DRAFT 2.7 Territorial Area Involved. This Franchise is granted for the corporate boundaries of the City, as they existtTom time to time, subject to the System Construction schedule set forth in Section 4.1 and the line extension requirement set forth in Section 4.4 of this Franchise (the "Franchise Area"). 2.8 Written Notice, All notices, reports or demands required to be given in writing under this Franchise shall he deemed to be given when delivered personally to any ol1icer of the Grantee or the City's designated Franchise administrator, 01' torty-eight (48) hours after it is deposited in tbe United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the pal1y to whom noticc is being given, as follows: If to City: City Attention: City Manager/Administrator With copies to: Executive Director North Metro Teleeommunications Commission 12520 Polk Street, NE Blaine, Minnesota 55434 And to: Stephen J. Guzzetta, Esq. Bradley & Guzzetta, LLC 444 Cedar Street, Suite 950 S1. Paul, Minnesota 55101 I fro Grantee: (Insert Name and Addressl With copies to: (Insert Name and Address( Such addrcsses may be ehanged by eithcr party upon notice to the other party given as provided in this Section. 2.9 EfTective Hate. This Franehise shall become effective atter: (i) all conditions precedent to its effectiveness as an ordinance of the City have occurred; (ii) all conditions precedent to its execution are satisfied; (iii) it has been approved by the City Couneil in aecordance with applicable law; II 01/1 DRAFT and (iv) it has been accepted and signed by the Grantee and the City in accordance with Section 14 (the "Elfective Date"). 2.10 Grantee Not a Common Carrier. Nothing in this Franchise shall be deemed to require the Grantee to assume the status of a common carrier as defined under applicable law. SECTION 3. CONSTRUCTION STA:>IDARDS 3.1 RCl!istration. Pcrmits and Construction Codes. 3.1.1 The Grantee shall strictly adhcrc to all State and local laws, regulations and policies adopted by the City Council applicable to the location. construction, installation, operation or maintenance of the System and the [-Net in the City. The City and/or its delegatee has the right to supervise all construction or installation work performed in the Rights-ol:Way as it shall Iind necessary to ensure compliance with the terms ofthis Franchise and other applicable provisions of law and regulations. 3.1.2 Failure to obtain permits or to comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law, code or regulation. 3.2 Rcstoration of Ril!hts-of-Wav and l'rOlJcrtv. Any Rights-of-Way, or any sewer, gas or water main or pipe, drainage facility, electric, lire alarm, police communication or traffic control facility of the City, or any other public or private pro petty , which is disturbed, damaged or destroyed during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System, and/or the I-Net shall be promptly and fully restored, replaced, reconstructed or repaired by the Grantee, at its expense, to the same condition as that prevailing prior to the Grantee's work, to the extent consistent with applicable statutes and rules. It is agreed that in the normal course, with respect to lire and police department lacilities and equipment, and water and sewer facilities, and other essential utilities and services, as determined by the City, such restoration, reconstruction, replacement or repairs shall be commcnced immediately after the damage, disturbance or destruction is incurred, and the Grantee shall take diligent steps to complete the same, unless an extension of time is obtained trom the appropriate City agency or department. In all other cases, reconstruction, replacement, rcstoration 01' repairs shall be commenced within no more than three (3) days aileI' the damagc, disturbanee or destruction is incurred, and shall be completed as soon as reasonably possible thereafter. Jfthe Grantee shall tail to perform the repairs, replacement, reconstruction or restoration required herein, the City shall have the right to put the Rights- 12 /IF DRAFT of~Way, public or private property back into good condition. In the event City determines that the Grantee is responsihle for such disturbance or damage, the Grantee shall be ohligated to fully reimburse the City for required repairs, reconstruction and restoration, 3.3 Conditions on Rieht-or-Wav Use. 3.3.1 Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, l11aintainin~ repairing, relocating and/or altering any Right-ol~Way; constructing, laying down, repairing, maintaining or rclocating any water mains; or constructing, maintaining, relocating or repairing any sidewalk or other public work. 3.3.2 AU System transmission and distribution structures, lincs and equipment erected by the Grantee within the City shall be located so as not to obstruct 01' interfere with the use or Rights-orWay except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights.of~Way and not to interfere with existing public utility instaUations. 3,3.3 The Grantee shall, at its sole expense, by a reasonable time specified by the City, protect, support, temporarily disconnect, relocate or remove any of its propelty when required by the City by reason of traffic conditions: public salety; Rights-of- Way construction; street maintenance or repair (including resurfacing or widening); change in Right-ol~Way grade; construction, installation or repair of sewers, drains, water pipes, pDwer lines, signal Jines, tracks or any other type of government- Dwned communications or traftic control system, public work or improvement of govel11JJ1ent-owned utility; Right-Df-Way vacatiDn; or lor any other purpose where the convenience Dfthe City would be served thereby. rrthe Grantee Jails, neglects or refuses to comply with the City's request, the City may protect, SUPPDrt, temporarily disconnect, relocate 0\' remove the appropriate portiDns of the System, and/or any l-Nct at the Grantee's expense Jor any Df the City's incremental costs incurred as a result of the Grantee's failure to comply. Except tor the City's gross negligence, the City shall nDt be liable to the Grantee lor damages resulting from the City's protection, support, disconnection, relocation Dr removal, as contemplated in the preceding sentence, ],3.4 The Grantee shall nDt place poles, conduits Or Dther fixtures of the System or any 1- Net above or below grDund where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits or Dther fixtures placed in any Right-of-Way shall be so plaeed as to comply with a1l1awfill requi,-ements of the City. 13 ~9 DRAFT 3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of bllildings with the expense of such temporary removal to be paid by the Person requesting the same. The Grantee shall be given not less than ten (10) days' advance written notice to arrange for such temporary wire changes. 3.3.6 To the extent consistent with generally applicable City Code provisions, rules and regulations, the Grantee shall have the right to remove, cut, trim and keep clear of its System and any I-Net trees or other vegetation in and along or overhanging the Rights-of-Way. However, in the exercise of this right, the Grantcc agrces not to cut or otherwise injure said trees Lo any greater extent than is reasonably necessary. All trimming shall be perJi)rmed at no cost to the City, the Commission or a homeowner. 3.3.7 The Grantee shall use its best eflurts to give prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights-oj~Way. 3.3.8 If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of a Person that is authorized to use the Rights-of~Way, the Grantee shall, after thirty (30) days' advance written notice and payment of all costs by such Person, commence action to effect the necessary changes requested by the responsible entity. If multiple responsible patties are involved, the City may resolve disputes as to the responsibility for costs associated with the removal, relaying or relocation of facilities among entities authorized to install facilities in the Rights-ol:Way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or any State or federal law or regulation. 3.3.9 In the event the SysLem and/or any I-Net is contributing to an imminent danger to health, safety or properly, as reasonably determined by the City, aileI' providing actual notice to the Grantee, if it is reasonably feasible to do so, the City may remove or relocate any or all parts of the System and/or any I-Net at no expense to the City or the Commission other than the City's cost to act on such determination. 3.4 Use of Existinl! Poles and Undemroundinl! of Cable. 3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are available 101' use hy the Grantee, but it does not make arrangements fur such use, the City may require, through the established permit, or any other applicable procedure, the Grantee to use such existing poles and wire holding structures if the Ci ty determines that the public convenience would be enhanced thereby and 14 5lJ DRAFT the terms available to the Grantee for the use of such poles and structures are just and reasonable. 3.4.2 The Grantee agrees to place its cables, wires or other like facilities underground, in the manner as may be required by the provisions of the City Code and City policies, procedures, rules and regulations, as amended from time to lime, where all utility lacilities are placed underground. The Grantee shall not place tacilities, equipmem or lixtures where they wi II interfere with any ex isting gas, electric, telcphone, water, sewer or other utility lacilities or with any existing installations of the City, or obstruct or hinder in any manner the various existing utilities serving the residents of the City. To the extent consistent with the City Code, City policies, procedures, rules and regulations, System cable and facilities may be constructed overhead where poles exist and electric or telephone lines or both are now overhead. However, in no case may the Grnntee install poles in areas of the City where underground lacilities are generally used by the utilities already operating. If the City, at a future date, requires all electric and telephone lines to be placed underground in all or part of the City, the Grantee shall, within a reasonable time, similarly move its cables and lines. If the City reimburses or otherwise compensates any Person using the Rights-of-Way for the purpose of defraying the cost of any of the loregoing, the City shall also reimburse the Grantee in the same manner in which other Persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall not oppose or otherwise hinder any application for or receipt of such funds on behalfofthc Grantce. 3.5 Installation of Facilities. 3.5.1 No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures or other wire-holding structures shall be erected or installed by the Grantee without obtaining any required permit or other authorization from the City. 3.5.2 No placement of any pole or wire holding structure of the Grantee is to be considered a vested fee interest in the Rights-o/: Way or in City property. Whenever feasible, all transmission and distribution structures, fines, wires, cables, equipment and poles or other fixtures erected by the Grantee within the City are to be so located and installed as to cause minimum interterence with the rights and convenience of property owners. 3.6 Safetv I{eauirements. 3.6.1 All applicable safety practices required by law shall be llsed during construction, maintenance and repair orthe System, and any I-Net. The Grantee agrees, at all 15 51 DRAFT times, to employ ordinary and reasonable care and to install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage or injuries to the public or to property. All stmctures and all lines, equipment and connections in the Rights-ol~Way shall at aIJ times be kept and maintained in a safe condition, consistent with applicable safety codes. 3,6.2 The Grantee's construction, operation or maintenance of the System, and any 1- Net, as applicable, shall be conducted in such a manner as not to interfere with City communications technologies related to the health, san~ty and welfare orCity residents. 3.6.3 The Gra11lee shaH install and maintain 50ch devices as will apprise or warn Persons and governmental entities using the Right5-of~ Way of the existence of work being performed on the System, and/or any I-Net in Rights-of~Way. 3.6.4 The Grantee shall be a member of the One Call Notification System (otherwise known as "Gopher Stale One CaW) or its suecessor, and shall field mark the locations of its underground facilities upon request. Throughout the twn of this Franchise. the Grantee shall identifY the location of its laciJities lor the City or the Commission at no charge to the City or the Commission. 3,7 Citv Use of Facilities, The City, after consultation with the Grantee, shall have the right to use lor its sole Noncommercial purposes the Grantee's poles, conduits, ducts and manholes fj'ee of charge. provided that such current or c011linued use will not unreasonably interfere with the present or lilture needs or operations of the Grantee. Any costs associated with such use and the value of such use shall not be onset against fj'anchise fee payments or any other payments made to the City or the Commission pursuant to this Franchise or applieable laws, orders and regulations. 16 J2- DRAFT 3.8 Removal of Facilities at Exniration of Franchise. At the expiration of the tenn tor which this Franchise is granted, or upon the expiration of any renewal or extension period which may be granted, the City shall, subject to any other lawful and valid authorizations the Grantee may have to usc the System in Public Rights-ole Way, have the right to require the Grantee, at thc Grantee's sole expense: (i) to remove all portions of the System from all Rights.ot~ Way within the City; and (ii) to restore aHected sites to their original condition. Should the Grantee lail, refuse or neglect to comply with the City's directivc, all portions of the System. or any patt thereol; may at thc option of the City become the solc property oflhe City, alno expense to the Cily, or be removed. altered or relocated by the City althe cosl of the Grantee. The City shall not be liable to the Grantee lor damages resulting Irom such removal, alteration or relocation. SECTION 4. DESIGN PROVISIONS 4.1 Svstem Caoacitv and Technical Dcs;!!n. 4.1.1 Attached hereto and incorporated herein as Exhibit A is a System Construction schedule that complies with Minn. Stat. S 238.084, subd. I(rn). Upon completion of the System Construction, the System generally shall have at least the tollowing characteristics: 4.1.1.1 4.1.1.2 4.1.1.3 a modern design when built, utilizing an architecture that will permit additional improvements necessa'y tor high-quality and reliable service throughout the Franchise term, and the capability to operate continuously on a twenty-tour (24) hour a day basis without severe material degradation during operating condi tions typical to the Minneapol islSt. Paulmetropol itan area; standby power generating capacity at the headend. 'rhe Grantee shall maintain motorized standby power generators capable of powering all headend equipment for at least twenty-lour (24) hours. The back-up power supplies serving the System shall be capable of providing power to the System for not less than three (3) homs per occurrence measured on an annual basis according to manufacturer specifications in the event of an electrical outage. The Grantee shall maintain sufficient portable motorized generators to be deployed in the event that the duration of a power disruption is expected to exceed three (3) hours; taeilities of good and durable quality, generally used in high. quality, reliable systems or similar design; 17 J3 4.1.1.4 4.1.1.5 4.1.1.6 4.l.1. 7 4.1.1.8 4.1.1.9 4.1.1.10 DRAFT a System that conforms to or exceeds all applicable FCC technical performance standards, as amended li'om time to time. which standards are incorporated herein by reference, and any other applicable technical performance standards. Upstream signals shall at all times meet or exceed manufacturers' specifications for successful operation of' upstream equipment provided by the Grantee or approved for LIse by the Grantee at any Subscriber's premises. End of the line perlormance must meet or exceed FCC specilications at the end of the Subscriber Drop; a System shall, at all times, comply with applicable federal, State and local rules, regulations, practices and guidelines pertaining to the construction, upgrade, operation, extension and maintenance of Cable Systems, including, by way of example (but not limitation): (A) National Electrical Code, as amended Ii'om time to time; and (B) National Electrical Safety Code (NESC), as amended /i'om time to time; facilities and equipment sullicient to cure violations of' FCC technical standards and to ensure that Grantee's System remains in compliance with the standards specified in subsection 4.1.1.5; such facilities and equipment as necessalY to maintain, operate and evaluate the Grantee's System lor compliance with FCC technical and customer service standards, as such standards may hereafter be amendcd; status monitoring equipment to alert the Grantee when and where back.up power supplies are being used, which capability shall be activated and used on or belore the substantial completion of the System Construction; all facilities and equipment required to properly test the System and conduct an ongoing and active program of preventative and demand maintenance and quality control, and to be able to quickly respond to customer complaints and resolve System problcms; antenna supporting structures designed in accordance with any applicable governmental building codes. as amended, and painted, lighted and erected and maintained in accordance with aU applicable rules and regulations of the Federal Aviation 18 51 4.I.J.ll 4.1.1.12 4.I.Ll3 4.1.1.14 4.I.LlS DRAFT Administration, the Federal Communications Commission and all other applicable codes and regulations; facilities and equipment at the headend allowing the Grantee to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration. For example, the headend should include equipment that will transmit color video signals received at the headend in color, high definition television signals received at the headend in high definition format, stereo audio signals received at the head end in stereo formal. and a signal received with a secondary audio track with both audio tracks. Closed captioning and video description signals should be receivable on television sets capable of decoding the closed captioning and video description signal; the Grantee shall provide adequate security proVISIons in its Subscriber site equipment to permit parental control over the use of Grantee's Cable Service. The Grantee, however, shall bear no responsibility for the exercise of parenlal controls and shall incur no liability jor any Subscriber's or viewer's exercise or failure to exercise such controls; facilities and equipment capable of operating within the temperature ranges typical to the climate of the City over the calendar year; the System shall be so constructed and operated that there is no perceptible deterioration in the quality of Public, Educational, Governmental or religious Access Channel signals after delivery of such signals to the first interface point with an Institutional Network hub. Grantee's headend or the subscriber network, whichever is applicable, as compared with the quality of any other channel on the System. As used in this paragraph, "deterioration" refers Lo delivery thaL is within the control of the GranLee; and the Grantee must have TDD/TYY (or equivalent) equipment at the company ortice, and a publicly listed telephone number for such equipment, that will allow hearing impaired customers to contact the company_ 19 5~ DRAFT 4.1.2 The Grantee shall complete the System Construction in accordance with subsection 4.2 and Exhibit A. The System constructed by the Grantee shall have at least the following characteristics: 4.1.2.1 4.1.2.2 4.1.2.3 4.1.2.4 4.1.2.5 4.1.2.6 4.1.2.7 4.1.2.8 4.1.2.9 Any hybrid fiber-coaxial ("HFC") portion of the System shall serve on average 250 dwelling units or less, with a minimum of three (3) fibers connecting such a 250-holl1e average Node to System headends and hubs. Individual Nodes may serve cable passing a number of dwelling units in excess of 250, provided there is no adverse effect on thc pcrlormance characteristics of the System serving Subscribers Ji'om that Node. No Node shall serve more than 750 dwelling units. active two-way plant lor Subscri her interaction, if any, required j()r the selection or use of Cahle Service; any and all tiber-to-the-premises ("FTTI''') portions of the Cable System shall utilize the ITll G.983 Passive Optical Network standard and have no active elements so as to make it more reliable; any and all FTIP network fiher shall be initially designed utilizing splitters of no greater than thirty-two homes per splitter. FTTI' network segments shall he pass-through or passive; status monitoring capability shall be a feature of the electronics at the customer premises in all F'I'TI' portions of the System. The FTTI' segments shall deliver fibcr to an Optical Network Temlinal ("aNT") at the Subscriber's prcmiscs. Thc aNT shall automatically measure optical signal levels (and other distortion measurements) at the Subscriber's premises; the capability of sup pOl' ling both analog and digital Cable Services; segmentation of the HFC portions of the System, including Nodes that are divisible by two, so that sumcient capacity is available for targeted and interactive services at all times; an initial analog passband of 860 MHz; and audio control units shall be util ized for each channel for volume control on analog service, excluding oft~air broadcast channels or channels that are sent through a processor instead of being 20 ~ DRAFT modulated and de-modulated, locally processed in any hub serving the geographic area. 4.1.3 The System shall be designed, constructed and activated in order to facilitate narrowcasting of Government Access Channels discretely by municipality. The Grantee shall provide and maintain all equipment and l'acilities necessary to accomplish this narrowcasting, at no cost to the City or the Commission. 4.1 A. All power supplies lor the System shall be equipped with standby power capability in accordance with Section 4.1.1.2. Additionally, the Grantee shall use status monitoring equipment at all power supply locations in the System. Such equipment shall have the capabilities described in Section 4. I. J .8. 4.1.5. PEG channels shaJJ not bc channel mapped without the prior approval of the Commission. As to all other channels, the Grantee shall make good faith efforts to avoid channel mapping unless that mapping is required to deliver a high-quality signal or to comply with applicable laws or regulations. In the event mapping of non-PEG channels is required to deliver a high quality signal or to comply with applicable laws or regulations, the Grantee agrees to map liS few channels as possible. 4.1.6. Emergency Alert System. 4.1.6.1. 4.1.6,2. 4.1.6.3. The Grantee shall install and thcrcaticr maintain an Emcrgency Alert System ("EAS") fully compliant with local, statc and federal EAS requirements. This EAS shall at all times be operated in compliance with FCC regulations. The Grantee shall, at no cost to the City or Comm ission, furnish anu install equipment that will allow a representati ve ofthe City to remotely activate the CAS. including activation by telephone, and to override the audio and video on all channels on the Grantee's Cable System that may be lawfully overridden (subjed to any contractual or other rights of broadcasters) without the assistance ofthe Grantee, for emergency broadcasts. The City or the Commission may, trom time to time, conduct reasonable tests of the CAS. The City or the Commission shall permit only appropriately trained and authorized Persons to operate the CAS equipment and shall take reasonable precautions to prevent lIse of the Grantee's Cable System in any manner that results in unlawli.t1 use thereof; or any physical loss or physical damage to the Cable System. Except to the extent expressly 21 J1 ORAFT prohibited by law, the City and the Commission shall hold the Grantee, its employees, officers and assigns harmless from any claims by third parties arising out of use of the EAS, including but not limited to reasonable ~ttorneys' fees ~nd costs. The City or the Commission shall provide reasonable notice to the Grantee prior to any test use of the EAS. The Grantee shall cooperate with the City and/or the Commission in any such test. 4.1.7. During the design, walkout and preliminary construction activities related to the System Construction, the Grantee shall attempt to idemily and take into account the Cable Service interests of the business community within the City. 'rhe Grantee shall, in connection with the System Construction, install conduit adequately sized to address Illture System rebuilds or System additions, with the iment to obviatc the need to reopen the Rights.()t~Way for construction and installation work. 4.1.8. The City may request, as part of the System Construction, that the Grantee remove from the Rights-of~Way, at its own expense, existing equipment, plant and ibcilities that will not be used in the future, whether activated or not. If any unused or deactivated equipment remains in Rights-ot~Way after such City request and the Grantee's reasonable opportunity to remove, the City may remove such plant, facilities and equipment at the Grantee's expense. The Grantee may appeal any request to remove existing equipment, plant and facilities to the City Council and thcrcby slay City action until a tinal decision is issucd by the City Council. In the event existing facilities, plant and equipment are let! underground in the Rights-ot: Way, the City or the Commission may require the Grantee to provide accurate maps showing the location and the nature of the deactivated or unuscd facilitics. plant and equipment, if such information has not alrcady been provided to the City or the Commission. 4.1.9. The Grantce shall not asse/1 or otherwise raise any claim belore a court of competent jurisdiction or any administrative agency alleging that, as of the EtTective Date of this Franchise, the minimum System design and pertormance requirements set lorth in this Franchise are unentorceable under or inconsistent with then current applicable laws or regulations, or any orders, rules or decisions of the FCC. 4,2 Svstem Construction Timetable. 4.2.1 Grantee shall complete System Construction in accordance with this Franchise including, but limited to, Exhibit A, which is incorporated herein and made a part hereof. The Grantee shall provide, where reasonably feasible, for phased 22 SF DRAFT activation launches of the Cablc System. Failure to timely complete construction ofthe System shall be a violation of this Franchise. 4.2.2 All System Construction shall be performed in accordance with applicable laws, procedures, standards and regulations, except where speci f1cally waived by the City. 4.2.3 'fhe Grantee shall provide the City and the Commission with notice prior to commencement of steps of the System Construction in which possible service disruptions or physical construction activities may occur, including but not limited to: (i) pedestal and cabinet placements or replacements; (ii) underground duct placements or replacements; (iii) overlashing of aerial tiber optic, coa,ial or copper lines; and (iv) underground placement or replacement of vaults and cables. 4.2.4 Upon completion of the System design, the Grantee shall make available to the City and the Commission for review, on a conJidentiaJ basis, a concise description of the facilities proposed to be erected or installed, and System design prints/map(s), which shall include at least the following elements: (i) trunk and feeder design; (ii) fiber routes; (iii) Node, hub and wire center/central ofllce locations; (iv) standby power supply locations; and (v) areas of the City to be served by each Node, hub and/or wire center/central ofnce. 4.2.5 The Grantee shall maintain complete and comprehensive as-built drawings of the Systcm and any I-Nct throughout the Franchise term, and shall make them available to the Commission and/or the City for inspection, upon request, on a confidential basis. As-built drawings shall be updated continually as changes occur in the System and/or any I-Net. The Grantee shall provide to the City, upon request (including electronic form) copies of all as-huilt drawings showing the Grantee's facilities and equipment in the Rights-ol~Way, and on private property where necessary to investigate citizen complaints or to determine Franchise compliance. The Grantee shall also maintain throughout the Franchise term a full set of head end, hub, Node and central otTice/wire center routing diagrams, showing routing from source input to combiner output and routing between headends, hubs, Nodes and central offices/wire centers lor all System and I-Net signal transport. Such routing diagrams shall be made available to the City and/or the Commission for inspection, upon request, on a confidential basis. 4.3 Periodic Pro!!ress Report;n!!. Following commencement of the System Construction, the I-Net or any similar major construction, the Grantee shall, upon request of the Commission, meet with the Commission and provide an update on the progress of the System Construction, I-Net construction or other major construction. 23 DRAFT 4.3.1 Public Notification. Prior to the beginning of the System Construction andior other major construction, and periodically during each phase of construction, the Grantee shall inform the public and its Subscribers, through various means, about: (i) the progress of the System Construction or other major construction; (ii) areas where construction crcws will be working; and (iii) any expected temporary interruptions to existing services which may occur. 4.3.2 Delays in the Construction. The Grantee shall be excused ITom the timely performance of its obligation to begin and complete the System Construction, and any I-Net construction within the tillle specified herein, lur the following occurrences: 4.3.2.1 Any "Force Majeure" situation, as described herein; and 4.3.2.2 Unreasonable fiJilure or delay by the City to issue any permits or permission upon a timely and complete application submitted to the City by the Grantee or its eontractor representative and tender of any required permit fee. 4.3.3 Consequences of Delays. Absei1l a showing of excusable delay pursuant (0 subsection 4.3.2 above, should the Grantee be unable to demonstrate the commencement or timely completion of the System Construction, and any I-Net construction by the times specified herein, or bc unable to reasonably justify any delays, then the Grantee shall be in violation of a material provision or this Franchise and the City may, in its sole discretion. either grant the Grantee an extension or time to complete such construction, or implement any enforcement mcasures or pcnaltics specified in this Franehisc or the City Code, including but not limited to revocation or the Franchise. In the event of excusable delay pursuant to subsection 4.3 .2, the time 1'01' completion will be extended by the period of sllch delay. 4.4 Line Extension neauirements. 4.4.1 Suhjectto subsections 4.4.2 through 4.4.6, the Grantee shall make Cable Service available to all residences and businesses which can be served by the Installation of a standard Drop within the Franchise Area, including multiple dwelling unit buildings, whose owners or occupants request Cable Service, except lor multiple dwelling unit buildings to which the Grantee, aner best etTorts, has not obtained authorization to access. 4.4.2 In those areas located within the Franchise Area solidly shaded green, orange or blue on the "North Metro Franchise" map attached hereto as Exhibit B, and made 24 fl DRAFT a part hereol; Grantee must extend its System upon request to provide service to any Person or business, without charging such Person or business more than the Standard Installation charges for the individual Subscriber's Drop, consistent with the System Construction schedule set forth in the Franchise, including (but not limited to) Exhibit A. 4.4.3 Within the Franchise Area, including any areas annexed after the Effective Dale of this Franchise, except those areas located in the Franchise Area solidly shaded in green, blue or orange in Exhibit B (which shall be served in accordance with Section 4.4.2), the Grantee must extend its System upon requcst to provide sel'Vice to any Person or business. without charging such Person or business more than the Standard Installation charges tor the individual Subscriber's Drop, as long as the Il1110wing conditions are satislied, unless the Grantee demonstrates to the City's satisfaction that a waiver of this requirement is justified due to extraordinaJY circumstances: 4.4.3.1 4.4.3.2 the new Subscriber requesting service is located 150 feet or less from the termination of the Cable System; and the area of the City in which the new Subscriber resides has a density of at least thirty-live (35) dwelling units per mile of feeder cable, excluding Drop footage, when aerial construction is required lor an extension, and at least fifty (50) dwelling units per mile of 1Ceder cable. excluding Drop 100tage, whcn undcrground construction is required tor an extension. All areas that reach the applicable density requirement at any time during the Franchise term shall be provided service upon reaching the minimum density. The City, lor its part, shall facilitate the extension of service by requiring developers and utility companies to provide the Grantee with at least Iifleen (15) days advance notice of an available open trench (or the placement of necessary cahle, hut in 110 event shall the City have any liability for its lailure to require any Person to provide notice, or for any developer's or utility company's failure to provide advance notice hereunder. 4.4.4 In the event that the requirements set forth in subsection 4.4.3 are not met, Persons requesting service can be required to bear the remainder of the total construction costs on a pro rata basis. 4.4.4.1 The "total construction costs" are defined as the Actual Cost to construct the entire extension including electronics, pole make- ready charges and labor, but not the cost of the house Drop. 25 ~() DRAFT 4.4.4.2 In the event the number of Subscribers in a particular area of the City reaches the density specified in Section 4.4.3.2 within three (3 J years from the date construction of the extension is completed, the Grantee shall return to the then existing Subscribers, pro rata, the full amount of their contributions lor the extension. 4.4.5 Except as otherwise provided herein, the Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas located within the Franchise Area, but in no event shall the applicable timeli'ame exceed twclve (12) months from notice thercof by the City to Grantee, and qualilieation of the area requesting service pursuant to Section 4.4.3.2. Nothing in this paragraph shall be constlUed to limit or otherwise modily the requirement set lorth in subsection 4.4.2. 4.5 Svstem Maintenance. 4.5.1 The Grantee shall intemlpt Cable Service only 101' good cause and lor the shOltest time possiblc. Such interruption shall occur during pcriods of minimum usc of the System. The Grantee shall use its best efforts to provide the Commission with at least twenty-four (24) hours prior notice of a planned service interruption, except for a planned service interruption which will have a minimal impact on Subscribers, usually meaning affecting less than one hundred (100) Subscribers or less than a fifteen (15) minute inten'uption. 4.5.2 Maintenance of the System shall be performed in accordance with the technical perlormance and operating standards established by FCC rules and regulations. Should the FCC choose to abandon this field and does not preempt the City's ~nlry into this lield, the City may adopl such technical perlormance and operating standards as its own, and the Grantee shall comply with them at aI/limes. 4.6 SYStem Tests and Insoections: SDecial Testin!!. 4.6.1 Grantee shall perform all tests necessary to demonstrate compliance with the requirements ofthe Franchise and other performance standards established by law or regulation. 4.6.2 The City and the Commission shal/ have the right to inspect all construction or installation work perlormed pursuant to the provisions of the Franchise. [n addition, the City and/or the Commission may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding System construction. operations 01' installation work pertaining to such 10cation(sJ. Such tests shall be limited to the particular matter in controversy. The City and/or the Commission shall endeavor to so 26 ~/ HRAFT arrange its request for such special testing so as to mlDlDllze hardship or inconvenience to the Grantee or to the Subscribers of such testing. 4.6.3 Before ordering such tests, the Grantee shall be afforded tbirty (30) days following receipt of writtcn notice to investigate and, if necessary, correct problems or complaims upon which tests were ordered. The City and/or the Commission, as applicable, shallmeel with the Grantee prior to requiring special tests to discuss the need lor such and. if possible. visually inspect those locations which are the tocus of concern. I t: after such meetings and inspections, the City and/or the Commission wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or resolLltion of complaints. the tests shall be conducted at the Grantce's expense by a qualilied engineer selected by the City and/or the Commission, as applicable, and the Grantee shall cooperate in such testing. 4.6.4 Unless otherwise provided in this Franchise. tests shall be supervised by the Grantee's chid technical authority, who shall certify all records of tests provided to the Ci ty and the Comm ission. 4.6.5 The Grantee shall provide the City and the Commission with at leasl two (2) business days' prior written notice ot: and opportunity to observe, any tests performed on the System. 4.6.5.1 Test results shall be filed with the City and the Commission within lourteen (14) days ora written request by the City and/or the Commission. 4.6.5.211' any test indicates that any part or component of the System fails to meet applicable requirements. the Grantee. without requirement of additional notice or request li'om the City or the Commission, shall take corrective action, reteslthe locations and advise the City and the Commission of tbe action taken and the results achieved by filing a written report certified by the Grantee's chief technical a lIlhority. Any costs associated with testing or retesting the System shall not be considered franchise fees and shall not be deducted Irom or oilSet against Iranehise lee payments made to the City or the Commission. 4.7 FCC l~eDOrts. Unless otherwise required by the terms of this Franchise, the results of any tests required to be tiled by Grantee with the FCC or in the Grantee's public tile shall upon request of the City or the Commission also be liIed with the City or the Commission, as applicable, within ten (10) days of the request. 27 ~~ ORAFT 4.8 Lockout Callabilitv. Upon the request of a Subscriber, the Grantee shall make lockout capability available at no additional charge, other than a charge 101' a Convelter. 4.9 Types of Service. Any change in programs or services offered shall comply with all lawful conditions and procedures contained in this Franchise and in applicable law or regulations. 4.10 Uses or Svstem. The Grantee shall, upon request of the Commission, advise the Commission of all active uses of the System, 101' both entertainment and other purposes, and the Commission shall have the right to conduct unannounced audits of such usage. 4.11 Additional Capacity. The Grantee shall notily the City and the Commission in wntmg, in advance of (he installation of any libel' optic capacity not contemplated by the initial design or System Upgrade, so that additional fibers may be installed on an Actual Cost basis lor government and institutional use. If the City wishes to request additional fiber, it may notify the Grantee within fifteen (15) days ofreeeipt of the Grantee's notitication. SECTION 5. SERVICE PROVISJ.ONS 5.1 Customer Service Standards. 'rhe Grantee shall at all times eomply with FCC customer service standards. In addition, the Grantee shall at all times satisfy all additional or strieter customer service requirements included in this Franchise and any customer service rcquirements set forth in any ordinance or regulation lawfully enacted by the City. 5.2 Video Pro!!ramminll. Except as otherwise provided in this Franchise or in applicable law, all programming decisions remain the discretion of the Grantee, provided that the Grantee notiJies the City, the Commission and Subscribers in writing thiny (30) days prior to any channel additions, deletions or realignments unless otherwise permitted under applicable fcderal, State and local laws and regulations. Grantee shall cooperate with the City, and use best etTorts to provide all Subscriber notices to the Commission prior to delivery to Subscribers. Location and relocation of the PEG channels shall be governed by Sections 6.1.3-6.1.4. 28 ;;3 DRAFT 5.3 Reeulation of Service Rates. 5.3.1 The City and/or its delegatee may regulate rates li)r the provIsion of Cable Service, equipment or any other communications service provided over the System to the extent allowed under federal or State law(s). The City reserves the right to regulate rates tor any future services to the extent permitted by law. 5.3.2 The Granlee shall provide at least one hilling cycle prior vHillen notice (or such longer period as may be specitied in fCC regulations) to Subscribers and to the City of any changes in rates, regardless of whether or not the Grantee believes the atTeeted rates are sllbject to regulation, except to the extent such notice requirement is specifically waived hy governing law. Bills must be clear. concise and understandable. with itemization of all charges. 5.4. Sales Procedures. 'rhe Grantee shall not exercise deceptive sales procedures when marketing Services within the City. In its initial communication or contact with a Subscribcr or a non- Subscriber, and in all gcneral solicitation matcrials marketing the Grantec or its Serviccs as a whole, the Grantee shall inform the non-Subscriber of all levels of Service available, including the lowest priced and tree service tiers. The Grantee shall have the right to market door.to-door during reasonable hours consistent with local ordinances and regulations. 5.5 Subscriber Inauirv and Complaint Procedures. 5.5.1 The Grantec shall have a publicly listed toll-Iree telephone number which shall be operated so as to receive general public and Subscriber complaints, questions and requests on a twenty-foLlr (24) hour-a-day, seven (7) days-a-week, 365 days-a- year basis. Trained representatives of the Grantee shall be available to respond by telephone to Subscriber and service inquiries. 5.5.2 The Grantee shall maintain adequate numbers of telephone lines and personnel to rcspond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and the City where applicable and lawful. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Nomlal Operating Conditions, measured on a quarterly basis. Under Normal Operating Conditions, the customer will receive a busy sigoal less than three (3) percent of the time. 29 ~I DRAFT 5.5.3 Subjcctto the Grantee's obligations pursuant to law regarding privacy of certain information, the Grantee shall prepare and maintain written records of all complaints received from the City and the Commission and the resolution of such complaints, including the date of such resolution. Such written records shall be onlile at the ofl1ce of the Grantee. The Grantee shall provide the City and/or the Commission with a written summary of such complaints, upon request. As to Subscriber complaints, Grantee shall comply with FCC record-keeping regulations, and makc the results of such record-keeping available to the City ancf!or the Commission, upon request. 5.5.4 Excluding conditions beyond the control of the Grantee. the Grantee shall commence working on a service interruption within twenty-four (24) hours aileI' the service interruption becomes known and pursue to conclusion all steps reasonably necessary to correct the interruption. The Grantee must begin actions to correct other service problems the next business day aileI' noti lication of the service problem, and pursue to conclusion all steps reasonably nccessary to correct the problem. 5.5.5 The Grantee may schedule appointmcnts 1'01' Installations and other service calls either at a specilic time or, at a maximum, during a four-hour time block during the 110urs 01'9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. The Grantee may also schedule service calls outside such bours for thc convcnience of customcrs. Thc Grantec shall use its bcst c1Torts to not cancel an appointment with a customer aileI' the close of busincss on the business day prior to the scheduled appointment. I f the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best elIolts to contact (he customer and reschedule the appointment at (he sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 5.5.6 The Grantee shall respond to written complaints from the City and the Commission in a timely manner, and provide a copy of each response to the City and the Commission within thirty (30) days. rn addition, the Grantee shall respond to all written complaints from Subscribers within (30) days of receipt of the complaint. 5.6 Subscliber Contracts. The Grantee shall file with the Commission any standard form Subscriber contract utilized by Grantee. If no such written contract exists, the Grantee shall file with the Commission a document completely and concisely stating the length and terms of the Subscriber contract offered (0 customers. The length and terms of any Subscriber 30 ?~ DRAFT contract(s) and current Subscriber rates and charges shall be available for public inspection during the hours 01'9:00 a.m. to 5:00 p.m., Monday through Friday. 5.7 Service Credit. 5.7.1 In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing cycle. 5.7.2 Jf. l'or any reason, Service is interrupted far a total period of more than twenty- l'our (24) hours in any thirty (30) day period, Subscribers shall, upon request, be crcdited pro rata l'or such interruption. 5.8 Refunds or Credits. 5.8.1. Any refund checks shall be isslled promplly, but not later Iban either: 5.8.1.1. the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or 5.8.1.2 the return of the equipment supplied by the Grantee if Service is term inated. 5.8.2 Any credits for Service shall be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. 5.9 Late Fees. Fees for the late payment of bills shall not be assessed until aileI' the Service has been Ii.dly provided. Late fee amounts on liIe with the Commission shall not be adjusted by the Grantee without the Commission's prior approval. 5.\0 Notice to Subscribers. 5.10.\ The Grantee shall provide each Subscriber at the time Cable Service is installed. and at least every twelve (12) months thereatler. the following materials: 5.\0.1.1 instructions on how to use [he Cable Service; 5.10.1.2 billing and complaint procedures, and written instructions for plaeing a service call, filing a complaint or requesting an 31 ~~ DRAFT adjustment (including when a Subscriber is entitled to refunds jDr outages and how to obtain them); 5.10.1.3 a schedule of rates and charges, channel positions and a description of products and services ol1ered; 5.10.1.4 prices and options tDr programming services and conditions of subscription to programming and other services; and 5.1 0.1.5 a description of the Grantee's installation and s~rvice maintenance polieies, Subscriber privacy rights, high-speed Internet policies and privacy rights (only at installation of such scrvice), delinquent Subscriher disconnect and reconnect procedures and any other of its policies applicable to Sllbscribers. 5.10.2 Copies of matcrials specified in the preceding subseetion shall be provided to the City and the Commission upon requesl. 5.10.3 All Grantee promotional materials, announcements and advertising of Cable Service to Subscribers and the general public, where price inlDrmation is listed in any manner, shall be clear, concise, accurate and understandable. 5.11. Exclusive Contracts and Anlicomlletitive Acts Prohibited. 5.11.1 The Grantee may not require a residential Subscriber to enter into an exclusive contract as a condition of providing or continuing Cable Service. 5.11.2 The Grantee shall not engage in acts prohibited by federal or State law that have the purpose or effect of limiting competition for the provision of Cable Service in the City. 5.12. Office Ayailabilitv and DrOll Boxes. 5.12.1 The Grantee shall install, maintain and operate, throughout the term of this Franchise. a single drop box in the City. In the event the Grantee is providing Cable Service in other Commission member cities, the Grantee may install, maintain and operate, throughout the term of this Franchise, a single drop box in the North Metro Franchise Area, at a location agreed upon by the Commission and the Grantee. Additional drop boxes may be installed at other locations. The purpose orthe drop box(es) shall be to receive Subscriber payments. Drop boxes shall he emptied at least once a day, Monday through Friday, with the exception of legal holidays, and payments shall be posted to Subscribers' accounts within forty-eight (48) hours of pick-up. Subscrihers shall not he charged a late lee or 32 ~1 DRAFT otherwise penaliz.ed for any failure by the Grantee to empty a drop box as specified herein, or to properly credit a Subscriber for a payment timely made. 5.12.2 The Grantee shall, at the request of and at no delivery or retrieval charge to a Subscriber, deliver or retrieve electronic equipment (e.g., Converters and remote controls). 5.12.3 Arter consultation with the Commission. the Grantee shall provide Subscribers with at least sixty (60) days' prior notice of any change in the location of the customer service center serving the City, whieh notice shall apprise Subscribers of the cllstomer service center's new address, and the date the changeover will take place. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 6.1. Public. Educational and Government Access. 6.1.1 The Commission is hereby designated to operate, administer, promote, and manage PEG al'cess programming on the Cable System. 6.1.2 The Gralllcc shall dedicate and make avaijable thirty-si.x (36) MHz of channel capacity lor public, educational, governmental and religious use. The Commission shall allocate the PEG channel capacity in its sole discretion. The Commission shall have the right to rename, reprogram or otherwise change the use of the PEG channel capacity at any lime, in its sole discretion, provided such use is Noncommercial and public, educational, governmental or religious in nature. Nothing herein shall diminish any rights of the City and the Commission to secure additional PEG channel capacity pursuant to Minn. Stat. ~238,084, which is expressly incorporated herein by reference. 6.1.3 The Grantee shall assign the PEG channels the same positions on its channelline- up as configured on channel line-ups elsewhere in the North Metro Franchise Area. The PEG channels shall not be relocated without the consent of the Commission. II' the Commission agrees to change the channel designation for a PEG channel, the Grantee must provide at least three (3) months notice to the City and the Commission prior to implementing the change, and shall reimbw-se the Commission and/or PEG entity for any reasonable costs incurred for: (i) purchasing or modifying equipment, business cards and signage; (ii) any marketing and notice of the channel change that the Commission reasonably determines is necessalY; (iii) logo changes; and (iv) promoting, marketing and advertising the channel location of the affected PEG channe/(s) during the twelve- month period preceding the effective date of the channel change, Alternatively, the Grantee may choose to supply necessary equipment itseH; provided such 33 ~f DRAFT equipment is satisfactory to the Commission or PEG entity. Notwithstanding anything to the contrary, the Grantee shall not be required to repay any school for anyon-premises school expenses that arise out of any PEG channel relocation. 6.1.4 As long as the Grantee's System carries Basic Cable Service channels in analog format, the Grantee must make the PEG channels available in analog format to Subscribers within the City. ]1' and when the Grantee's Cable System carries PEG channels in digital Jormat, those digital PEG channels must be made available to all Subscribers in the City. At all times, the Grantee's Cable System must make the PEG channels available to all Basic Cable Service Subscribers residing within the City in at least one format (digital or analog); thus. the Grantee shall make the PEG channels available to all such Subscribers in analog format unless and until it makes Basic Cable Service channels available to Subscribers only in digital format. If the Grantee opts to carry PEG channels in a digital format, it shall assume the cost of replacing all equipment necessary to ensme that once the PEG signals leave the Commission's router, the signals can be transmitted on the Grantee's appropriate service tier. 6.1.5 In the event the Grantee makes any change in the System and related equipment and lacilities or in signal delivery technology, which change directly or indircctly causes the signal quality or transmission of PEG channel programming or PEG services to fall below technical standards under applicable law, the Grantee shall, at its own expense, provide any necessary technical assistance, transmission cquipment and training of PEG personnel, and in addition, provide necessary assistance so that PEG facilities may be used as intended, including, among other things, so that live and recorded programming can be transmitted el1ieiently to Subscribers. 6.1.6 All PEG channels shall be transmitted in the same format as all other Basic Cable Service channels and shall be carried on the Basic Service tier. 6.1.7 Except as otherwise provided in this Franchise, the Commission shall be responsible for any necessary master control switching of PEG signals and Institutional Network transmissions. 6.1.8 The Grantee shall not transmit, carry or cablecast PEG signals originated or produced in the North Metro Franchise Area outside the North Metro Franchise Area without the prior written consent of the Commission. 6.2. PEG SUDDort Obli!1ations. 6.2. ( Upon the Effective Date of this Franchise, the Commission shall determine the amount of monthly and periodic financial and in-kind PEG support incumbent 34 tb7 DRAFT cable operators in the City (including costs and payments) are responsible for lurnishing and/or arc actually lurnishing, on a pel' subscriber basis, as of the time of the Grantee's Franchise application, and shall calculate the Granlee's pro rata PEG support contribution on the same per subscriber basis (the "PEG Fee") based on the Grantee's Subscriber base. At its diseretion, the Grantee may exceed the pro rata per subscriber PEG support calculated by the Commission in this paragraph. Any such support shall be calculated on a per suhscriber basis. 6.2.2 The amount of the I'''G Fee shall be escalated in the same manner and in the same amount. pcrcentage or proportion as the financial and/or in-kind PEG support obligations of ()ther cable operators in the City increase. The Commission shall determine the amount of the PEG Fee escalation on an annual basis, at a time set by the Commission, and shall establish the date upon wbieh tbe PEG Fee escalation shall become elTective. The Grantee shall lully respond to and completely answer all requests tor information Irom the Commission related to tbe escalation caJculalion by the date or dates established by the Commission. The PEG support required by this paragraph 6.2.2 and paragraph 6.2.1 shall be calculated monthly by applying the PEG Fee to the Grantee's Subscriber base. AIII'EG Fees shall be paid to the Commission quarterly on the same schedule as franchise Ice payments. To the cxtent permitted by applicable law, the PEG Fec may be itcmized on Subscriber billing statements. 6.2.3 Upon demand, and by a time ~pecified by the Commi~~ion, the Grantee mu~t provide the necessary facilities and equipment to interconnect with othcr Cable Systems in the City to pcrmit the seamless exchange of PEG signals (including video, voice and data signals) across networks. 'fhe Grantee and other cable operators in the City may decide how to accomplish this connection, taking into account the exact physical and technical circumstances of the systems involved. Any connection agreed to by the Grantee and other Cable Systems in the City shall ensure that the quality of PEG signals delivered to Subscribers meets or cxceeds thc signal quality of other channels on the System and shall include the fiber-optic or other cabling and other electronics, equipment, solhvare and other materials necessary to transport all PEG signals from their origination point to and trom the Commission's master control to the appropriate subscriber network channel, including channels provided discretely. If the Grantee and other cable operators cannot agree on how to accomplish the connection, the Commission may decide, in its sole discretion. The Commission may require that tbe connection occur on govc111ment property or on Public Rights-of-Way. Any connection costs incurred pursuant to this paragraph shall be borne by the Grantee and shall be in addition to the PEG Fee andlranchise fees. 35 o DRAFT 6.3 Re2ional Channel 6. The Grantee shall designate standard VHF Channel 6 for uniform regional channel usage to the extent required by State law. 6.4 Leased Access Channels. The Grantee shali provide Leased Access Channels as required by federal and Slate law. 6.5 .PEG Oblil!atiolls. Except as expressly providcd in this Franchise. thc Grantec shall not make any changcs in rEG support or in thc transmission, reception and carriage of PEG channels and eqllipment associated therewith. without the consent of the City and/or the Commission. 6.6. Universal PEG Tier. 6.6.1 The Grantee shaU oller the toUowing services and benetits to aU current and potential Subscribers whose dwelling units are passed by cable plant: (i) the Universal PEG Tier, free of charge; (ii) lree Installation ofa service Drop and one free cable television Outlet lor non-Subscribers; and (iii) aller the paymcnt of any applicable downgrade charge, a service Drop and one cable television Outlet for existing Subscribers. 6.6.2 The Universal PEG Tier shall be ollered by tbe Grantec lor the term of this Franchise, unless the Grantee (or its successors) and the City mutually agree to sllspend 01' terminate the Universal PEG Tier pmgram. 6.6.3 The Grantee agrees to provide, at no cost to Universal PEG Tier Subscribers, an AlI3 switch and all cable-related cquipmem necessary to allow reccption of local broadcast stations on a Universal PEG Tier SLlbscriber's telcvision reeeiver. provided said television receiver is capable of receiving broadcast television signals. For purposes of this provision, the tcrm "cable-related equipment" shall not include antennas, antenna wires, vidco cassette recorders or similar devices. 6.6.4 The Grantee and the City agree that the rates charged to Subscribers will not increase as a result of the Grantee's implementation of the Universal PEG Tier program, except that the Grantee may recover the expense of the Universal PEG Tier as part of the PEG Fee itemization on Subscribers' monthly billing statements. The amount recovered by the Grantee eaeh month shall not exceed $0.05 per Subscriber, shall not reducc the PEG Fee, franchise feccs or any I-Net support and shall lIot be subject to any PEG Fee cap. Upon activation of the Universal PEG Tier, and each year thereafter, the Grantee shall provide the City 36 // DRAFT and the Commission with a reconciliation of amounts collected and expended related to the provision of the Universal PEG Tier. The Grantee ag,'ees to adjust the Universal PEG Tier fee for any overpayment or underpayment 6.6.5 Notice of the availability of the Universal PEG Tier shall be provided in an initial writlen notice to non-Subscribers and Subscribers. The Grantee shall also mention the availability of the Universal PEG Tier in other marketing, promotional, or information materials sent to non-Subscribers and shall mention the Universal PEG Tier at least quarterly. The Universal PLoG Tier shall be included in any literature which lists all services gcncrally available li'om thc Grantee. Existing Subscribers shall receive notice of the availability the Universal PL':O Tier on an annual basis. The Commission may promote the availahility of the Universal PEG Tier, and the Grantee shall make available to the Commission during the lil'st sixty (60) days of the availability of the Univasal PEG Tiel' at least lour ad avails per week to be ehosen at the sole discretion ofthe Grantee. 6.6.6 Should a Universal PEG Tier Subscriber require or request a set-top terminal device or other equipment not essential to the reception of the Universal PEG Tier, or should a Universal PEG Tier Subscriber require a Drop that exceeds 250 feet in length, the Universal PEG Tier Subscriber shall be responsible lor paying the applicable charges for such equipment, and lor the Actual Costs associated with installing a Drop in excess of250 feel. 6.6.7 For purposes oflhis Section 6.6, the following delinitions shall apply: 6.6.7.1 "Universal PEG Tier" shall mean Regional Channel 6 and all PEG channels identified in this Franchise or subscquently added pursuant to the Franchise. 6.6.7.2 "Drop" shallmcan an aerial or underground cable, not to exceed 250 feel in length. that runs trom the nearest connection point on a teeder cable to the point of connection in a Subscriber's dwelling unit. 6.6.7.3 "'Outlet" shall mean the cable and associated connectors which run [,'0111 the point of connection to the Subscriber dwelling unit to the Subscriber receiver. 37 1/- DRAFT 6.7 Costs and Payments not Franchise Fees. The parties agree thal any costs to the Grantee and payments Ji'om the Grantee associated with the provision of support for PEG access, interconnection, the Un.iversal PEG Tier and lor any Institutional Network pursuant to Sections 6 and 7 of this Franchise are cable- related and do not constitute and are not pan of a franchise fee and fall within one or more of the exceplions to 47 U.S,C. 9542. SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS AND RELATED COMMITMENTS 7.1. Instilulio",ll Network Facililies and Caoacitv. 7.1.1 The Grantee and the Commission shall, within 180 days of the EClective Date of this Franchise. agree upon either the provision by the Grantee to thc City and the Commission of non-duplicative Institutional Network tacilities, equipment and capacity that is equivalent to that provided by all other franchised cable operators in the City or, in the alternative, the Commission shall determine the incumbent cablc operator(s)' per subscriber Institutional Nctwork costs (financial and in- kind) at the time of the Grantee's Franchise application and the Grantee shall agree to pay a pro rata I-Net contribution, as calculated by the Commission, on the same per subscriber basis throughout the Franchise teml based on the Grantee's Subscriher hase. Thc Grantec shall calculate I -Net support payments monthly by applying the per subscriber I-Net contribution established by the Commission to the Gramee's Subscriber base. The I-Net support payments required herein shall be made to Ihe Commission quarlerly on the same schedule as tj'anchise fee payments. 7.1.2 "rhe amount oflhe I-Net support payments shall be escalated in the same manner and in the same amount, percentagc or proportion as the financial andior in-kind I-Net support obligations of other cable operalors in tbe Cily increase. The Commission shall determine the amount of the I-Net support escalation on an annual basis, at a time set by the Commission, and shall establish the date upon which the I-Net support escalation shall become el1ective. The Grantee shall fully respond to and completely answer all reguests for in formation ii'om the Commission related to the escalation calculation by the date or dates established by the Commission. 7.1.3 In the event that the Commission and the Grantee agree upon the provision of non-duplicative I-Net facilities, equipment and capacity, such facilities, equipment and capacity shat! be subject to terms, conditions and requirements the same as or similar to those set forth in the incumbent cable operators' franchise documents, including (but not limited to) terms, conditions and requirements 38 13 DRAFT related to the construction, repair, maintenance, performance and interconnection of the [-Net. All such terms, conditions and requirements shall be set forth in exhibits attached to and made a part of this Franchise. 7.1.4 If the City and/or the Commission and the Grantee agree upon the provision of specilic Institutional Network facilities, equipment and capacity, the Grantee shaJJ make available to the City and the Commission [or review a detailed design map of the proposed Institutional Network construction plan, including the following elements, to the extent applicable: (i) proposed coaxial cable route; (ii) proposed fibcr route; (iii) location of splitters, hubs and Nodcs serving the Institutional Network; (iv) the name and location of facilities being served by such splitters, hubs and Nodes; and (v) the number of ampliJiers in each cascade within the Institutional Network and the numbcr of active and passive devices connected to the Institutional Network. These maps shall be updated annually and provided to the City and the Commission on an annual basis on a date set by the City or the Commission. 7.2 Interconnection. 7.2.1 The Grantec shall, at the City's or the Commission's request, interconnect its System to other commonly owned, adjacent Systems located in the Minneapolis/St. Paul metropolitan area. Interconnection shall be completed within a reasonable timeli.ame mlllually agreed upon by the City/Commission and the Grantee, unless an extension is granted upon petition by the Grantee. The Grantee shall be responsible for routing all signals carried over the interconnection links described in this paragraph, including signals that are originated by or intended ior the Commission, the City, or I-Net users. The Grantee shall not be responsible 11.)[ end-user equipment, inclu~;jvc of cards necessary for the transport and reception of signals, located at the hub(s) and/or the location of any user. 7.2.2 The Grantee shall, at the City's or the Commission's request, interconnect its System to adjacent Cable Systems in the Minneapolis/St. PaulmeLropolitan area that are not commonly owned or controlled by the Grantee or its Affiliates. Except as otherwise provided herein, interconnection shall be completed within a reasonable time1i-ame mutually agreed upon by the City and the Grantee, unless an extension is granted upon petition by the Grantee. The cost of establishing an interconnection link to the border ofthe adjacent jurisdiction shall be borne by the Grantee. As to the actual costs of physical interconnection at the border, the Grantee shall bear no more than fifty percent (50%) of such costs, unless the patties agree otherwise. The Grantee will obtain relief from this interconnection requirement where: (i) it shows to the satisfaction of the City or the Commission that interconncction is technically infeasible to perform; and Oi) it proposes a 39 11 DRAFT reasonable alternative, in light of the purposes to be served by the interconnection. Alternatively, the Grantee will obtain relief from this interconnection requirement if it is unable to reach an agreement with the designated adjacent System, after a good faith effort to reach an agreement, provided that the Grantee provides the City and/or the Commission with lhe proposed agreement and explains the reason(s) why the parties have been unable to reach agreement. 7.2.3 Every interclmnection link established pursuant to this Section 7.2 shall be designed, built and equipped to have the capability for the seamless transmission of all video, voice and data communications between the interconnected net works_ If a fiber optic transmission medium is required for the interconnect to ii1ciJitDte capacity. reliability or othet. networking needs, as determined by the City, Commission. or I-Net users, , such medium may use a non-exclusive fiber optic transmission medium employing at least two (2) strands per interconnect. If a hybrid fiber-coaxial transmission medium can be utilized for the interconnect, such medilUll shall pl'ovide, lor the City's, the Commission's, and an I-Net user's eXCltlSive use, al least eighteen (18) MHz of bandwidth for Jorward video purposes (free of charge), eighteen (18) MHz of bandwidth for return video purposes (li-ee of charge), twelve (12) MHz of bandwidth [or 10rward data and/or other purposes (lj'ee or charge) and twelve (12) MHz of bandwidth lor return data and/or other purposes (free of charge). 7.2.4 Any interconnection link provided by Grantee to the City, the Commission, or an I-Net user shall be on a nonexclusive basis, Capacity on interconnection links may be shared with others, including other cities, cable commissions, I-Net users or Grantee. 7.2.5 The Gr-Jntee shall cooperate with any interconnection corporation, regional interconnection authority, or slate or federal agency which may be hereafter esLtlblished ror the purpose or regulating, facilitating, Ilnaneing or otherwise providing [or the interconnection of cable syslems beyond the boundaries of the City and/or the North Metro Franchise Area. 7.3 Subscriber Network DroJls 10 Desilwated BuildiD!!s. 7.3.1 Grantee shall provide, free of charge, Installation and activation of one (1) subscriber network Drop, and one (I) cable outlet at the institutions identified in Exhibit C, which is attached hereto and made a part hereof. Institutions listed in Exhibit C shall be provided with an active, fully functional Drop and outlet by the time System Construction is compleled. 7,3.2 The Grantee shall provide Basic Cable Service and any equipment necessary to receive such service, free of charge, to all institutions identified in Exhibit C. 40 /~ DRAFT Institutions listed on Exhibit C shall receive free Basic Cable Service at the time the Drop required under subsection 7.3.1 is activated. The Cable Service provided pursuant to this subsection shall not be used for commercial purposes nor shall other than PEG services be showtl in areas open to the public. 7.3.3 Additional subscriber network Drops and/or outlets will be installcd at designated itlstitutions by the Grantee on an Actual Cost basis. Alternatively, said institution may add outlets at its own expense, as long as such ltlstallation meets the Grantee's standards. The Grantee shall havc three (3) months Ii-om the datc of City designation 0[' additional institution(s) to complete construction of the Drop and outlet, unless weather or other conditions beyond the control of the Grantee require more time. 7,3.4 The parties agree that any costs to the Grantee associated with the provision of Cable Service, Drops and Outlets pursuant to this Section 7.3 do not constitute and arc not part ofa ti-anchise fee and fall within one or more of the exceptions to 47 USe. S 542, SECTION 8, OPERATION AND A1)MINISTRATION PROVISIONS 8.1. Administration ofFmnchise. The City's designated cable television administrator, or his/her designee, shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System, as are eonsistent with the provisions of this Franchise and law, 8.2. Dclcl!ated Authoritv. The City may appoint a citizen advisory body or a joint powers commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. The Grantee shall cooperate with any sllch delegatee of the City. 8.3. Franchise Fee. 8.3.1 During the term of the Franchise, the Grantee shall pay quarterly to the City or its delegatee a Franchise fee in an amount equal to five percent (5%) of its Gross Revenues. 8.3.2 Any payments due under this provision shall be payable qualterly. The payment shall be made within thirty (30) days of the end of each of Grantee's fiscal 41 ?~ DRAFT quarters together with a report showing the basis for the computation, The City or the Commission shall have the right to require further suppOliing information for each franchise fee payment. In addition, the Grantee shall file with the Commission an annual report showing all Gross Revenues lor the prior calendar year. This rcpori shaH be filed with thc Commission within thiliy (30) days of the end of each calendar year. 8.3.3 All amounts paid shall be subject to audit and recomputation by City and/or the Commission, and acceptance of any payment shall not be construed as an accord that the amount paid is in Jact the correct amount The Grantee shall be responsible for providing the City and/or the Commission all n:cords necessary to con (inll the accurate payment of franchise fees, The Urantee shall maintain such records lor live (5) years, unless in the Grantee's ordinary course of business specific records are retained lor a shorter period, but in no event less than three (3) years, I f an audit discloses an overpayment or underpayment of fhmchise fees, the City and/or the Commission shall notify the Grantee of such overpayment or underpayment. The City's/Commission's audit expenses shall be borne by the City/Commission unless the audit determines that the payment to the City should be increased by more than Jive percent (5%) in the audited period, in which case the costs of the audit shall be borne by the Grantee as a cost incidental to the enforcement of the Franchise, Any additional amounts due to the City as a result of the audit shall be paid to the City within thirty (30) days following written notice to the Grantee by the City/Commission of the underpayment, which notice shall include a copy of the audit rcport, If thc recomputation results in additional revenue to be paid to the City, such amount shaH be subject to a ten percent (10%) annual interest charge. tfthe audit determines that there has been an overpayment by the Grantee, the Grantee may credit any overpayment against its next quarterly payment. 8,3.4 In the event any franchise fee payment or recomputation amount is not made on or bell)L"e the required date, the Grantee shall pay, during the period such unpaid amount is owed, the additional compensation and interest charges computed from such due date, at an annual rale often percent ([0%). 8.3.5 Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. 8.3.6 The franchise fee payments required by this Franchise shall be in addition to any and afl taxcs or fees of general applicability. The Grantee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said franchise fee payments Ii-om or against any of said taxes or fees of general applicability, except as expressly pennitted by law. The Grantee shall not apply nor seek to apply afl or any part of the amount of said franchise fee payments as a 42 11 DRAFT deduction or other credit trom or against any or said taxes or fees of general applicability, except as expressly permitted by Jaw. Nor shall the Gmntee apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its franchise fee obligations, except as expressly permitted by law. 8.4 Access to Records. To the extent such dowments are related to Grantee's compliance with this Franchise or applicable law (the burden to allege and, i I' so alleged, the initial burden to demonstrate that such requeskd documents are not related to Grantee's compliance with this Franchise or applicable law shall be the Grantee's), the City/Commission shall have the right to inspect or copy any records or documcnts maintained by Grantee (01" maintained by an AHiliate on behalf of the Grantee. to the extent that review of sucb record or document maintained by the Aftiliate on behalr of the Grantee is necessary in order lor the City/Commission to enforce compliance with this Franchise) upon reasonable notice and during Grantee's administrative ortiee hours, or require Grantee to provide copies of records and documents within a reasonable time, on a contldential and proprietary basis, to the extent such records and documents otherwise qualify as nonpublic, conr.dential. trade secret or proprietary pursuant to applicable law. Upon the City's/Commission's request, the Grantee shall prov ide to the City and/or the Commission copies of any records or documents that cannot be reasonably argued pursuant to ~pplicable law to be nonpublic, confidential, trade secret or proprietary. 8.5. Renorts and MailS to be Filed with Cit\', 8.5.1 The Grantee shall Ii Ie with the City, at the time of payment ofthe franchise lee. a report of all Gross Revenues in a lorm and substance as r~quired by the City or the Commission. 8.5.2 The Grantee shall prepare and lurnish to th~ City Or the Commission, at the times and in the form prescribed, such other reports with respect to Grantee's operations pursuant to this Franchise as the City or the Commission may require. The City and tbe Commission shaH use their best eHarts to protect proprietary or trade secret information all consistent with State and lederallaw. 8.5.3 If required by the City and/or the Commission, the Grantee shall furnish to and file with the City and/or the Commission the maps, plats and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shalllile with th~ City and/or the Commission updates of such maps, plats and permanent records annually if changes bave been made in the System. or any I-Nel. 43 IF DRAFT 8.6. Periodic Evaluation. 8.6.1 The City may require evaluation sessions at any time during the term of'this Franchise. upon Jilleen (15) days written notice to the Grantee. 8.6.2 Topics which may be discllssed at any evaluation session may include. but are 1lOt limited to, application of new technologies, System and I-Net, programming olTered. access ehannels, facilities and support. municipal uscs of cable. Subscriber rates. CuslOmer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics the City deems relevant. 8.6.3 As a result ot' a periodic review or evaluation session, upon notification Jhlm CiLY, Grantee shall meet with City and undertake good t'aith elTorts to reach agreement on changes and modifications to the terms and conditions ot'the Franchise which are both economically and technically leasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 9.1. Performance Bond. 9.1.1 At the time the Fraochise becomes errective and until such time as the System Construction and any I-Net construction is complcted, the Grantee shall furnish a bond to the Commission, in a form and with such sureties as are reasonably acceptable LO the Commission, in the amount or $500,000. Upon such completion 01' all System Construction and I-Net construction, the bond shall be reduced to $50,000. This bond will be conditioned upon tlle faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee shall fail to comply with any Jaw. ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally rrom the principal and slIrety of the bond any damages or loss sunered by the City or the Commission as a result, including the full amount of any compensation, indemnilication or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for aHorneys' fees and costs, up to the full amount of the bond. and lurther guaranteeing payment by the Grantee of claims, liens. fi'anchise rees, linancial support. in-kind support and taxes due the City or the Commission which arise by reason of the construction. operation. or maintenance of the System, and any I-Net. The rights reserved by the City and the Commission with respect to the bond are in addition to all other rights the Cily and the Commission may have under the Franchise or any other law. The Commission may, Irom year to year. in its sole discretion, reduce the amount of the bond. 44 17 DRAFT 9.1.2 The time for Grantee to correct any violation or liability shall be e)(tended by Commission if the necessary action to correct such violation or liahility is, in the sole determination of Commission, of such a nature or character as to require more than thirty (30) days within which to pcrform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (JO)-day cure period and therealler uses reasonable diligence to correct the violation or liability. 9.1.3 In the event this Franchise is revoked by reason or default or Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City as a result of said delimit or revocation. 9.1.4 Grantec shall be cntitled to the return of the performanee bond, or portion thereot: as remains sixty (60) days aller the expiration or the term of the Franchise or revocation lor default thereot: provided the City or the Commission has not notil1ed Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default 9.1.5 The rights reserved to the City or the Commission with respect to the performance bond are in addition to all other rights of the City and the Commission whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right thc City and the Commission may have. 9,2. Leiter of Credit. 9.2.1 On the EfTective Date or this Franchise, the Grantee shall deliver to the Commission an irrevocable and unconditional Letter of Credit, in a Corm and substance acceptable to the City, from a National or State bank approved by the Commission, in the amount or $25,000.00. .9.2.2 The Letter or Credit shall provide that funds will be paid to the City upon written demand or the City. and in an amount solely determined by the City in payment ror penalties charged pursuant to this Section, in payment for any monies deemed by the City to be owed by the Grantee to the City and/or the Commission. as applicable, aileI' notice and opportunity to pay any such monies, pursuant to its obligations under this Franchise, or in payment for any damage incurred by the City or the Commission as a result of any acts or omissions by the Grantee pursuant to this Franchise. 45 tv DRAFT 9.2.3 In addition to recovery of any monies owed by the Grantee to the City, or the Commission or damages to the City, the Commission or any Person as a result of any acts or omissions by the Grantee pursuant to the Franchise, the City andior the Commission in its sole discretion may charge to and collecttTom the Leller of Credit the loJiowing penallies: 9.2.3.1 For failure to timely complete the System Construction or any I-Net construction as provided in this Franchise or any side agreement, unless the City or the Commission approves the delay, the penalty shall be 5500.00 per day \<x each day, or palt thereot; such failure occurs or continues. 9.2,3.2 For lililure to provide data. documents, reports or in!i)fmation or to cooperate with City or the Commission during an application process or System review or as otherwise provided herein. the penalty shall be 5250,00 per day for each day, or palt thereoI: sllch tililure occurs or continues. 9.2.3,3 Fifteen (15) days following notice li'om the City or the Commission of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $250.00 per day for each day, or part thereot; such tailure occurs or continues. 9,2.3,4 For failure to providc the services, equipment, facilities and payments required by this Franchise, including, but not limited to, the implementation and the utilization of the PEG capacity, the penally shall be $250.00 per day for each day. or part thereat; such failure occurs or continues. 9.2.3.5 For Grantee's b,-each orany written contract or agreement with or to the City or the Commission, the penalty shall be $250.00 pel' day 1'01' each day, or part thereol~ such breach occurs or continues. 9.2.3.6 For failure (0 comply with any of the provisions of this Franchise, or other City ordinance or regulation t'or which a penalty is not otherwise spedncally provided pursuant to this subsection 9_2.3, the penalty shall be $250.00 per day l'or each day, or part thereot; such failure occurs or continues. 9.2.4 Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. 46 fJ DRAFT 9.2.5 Whenever the City or the Commission determines that the Grantee has violated one or more temls, conditions or provisions of this Franchise, or for any other violation contemplated in subsection 9.2.3 above, a written notice shall be given to Grantee infonning it of such violation. At any time after thilty (30) days (or such longer reasonable time which. in the determination of the City or the Commission, is necessary to cure the alleged Violation) following local receipt of notice. provided the City or its designee l1nds that the Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of the City or the Commission, the City or the Commission may drawlrom the Letter of Credit all penalties and other monies dire the City or the Commission lrom the date of the local receipt of notice. 9.2.6 Prior to drawing on the Letter of C,'edit, the City or the Commission shall give Grantee written notice that it intends to draw, and the Grantee may, within seven (7) days thereafter, notil)' the City or the Commission in \\Titing that there is a dispute as to whether a violation or failure has in lact occurred. Such writtcn notice by the Grantee to the City or the Commission shall specily with particularity the matters disputed by Grantee. Any penalties shall continue to accrue, but the City or the Commission may not draw fi'om the Leller of Credit during any appeal Jlursuant to this subparagraph 9.2.6. Thc City or the Commission shall hear Grantee's dispute within sixty (60) days and the Cily or the Commission, as appropriate, shall render a tinal decision within sixty (60) days thereafter. Withdrawal Irom the Letter of Credit may OCCUl" only upon a final decision. 9.2.7 If said Letter of Credit or an)" subsequent Letter of Credit delivered pursuant thereto expires prior to thirty (30) months aner the expiration or the term of this franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months alter the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same I,)rm and with a bank authorized herein and for the full amount stated in subsection 9.2.1 ofthis Section. 9.2.8 If the City or the Commission draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in pan, the Grantee shall replace or replenish to its full amount the same within ten (l0) days and shall deliver to the Commission a like replacement Letter or Credit or certification of replenishment ror the full amount stated in Section 9.2.1 as a substitution of the previous Letter of Credit. This shall be a continuing obligation for any withdrawals from the LeIter of Credit. 47 f,Z DRAFT 9.2.9 If any Letter of Credit is not so replaced or replenished, the City or the Commission may draw on said Leller of Credit for the whole amoul1! thereof and use the proceeds as the City or the Commission determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City or the Commission, be deemed a default by the Grantee under this Franchise. The drawing on the Letter of Credit by the City 01' the Commission, and use of the money so obtained fix payment or performance of the obligations, dmies and responsibilities of the Grantee which are in derault, shall not be a waiver or release of such derault. 9.2.10 The collection by the City or the Commission of any damages, monies or penalties Ii'om the Letter of Credit shall not arrecl any other right or remedy available to it, nor shall any act, orlhilure to act, by the City or the Commission pursuant to the Letter of Credit, be dcemed a waiver of any right of the City or the Commission pursuant to this Franchise or otherwise. 9.3. Indemnification ofCit\'. 9.3.\ The City and its officers, boards, committees, commissions, elected and appointed officials, cmployees, volunteers and agents shall not he liable ror any loss or damagc to any real or pcrsonal propcrly of any Person, or for any injury to or death of any I)erson, arising out of 01' in connection with Grantee's construction, operation, maintenance, repair or removal or the System and/or the I-Net, or as to any other action or Grantee with respect (0 this Franchise. 9.3.2 Grantee shall indemnity, defend, and hold harmless the City and its oflicers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents from and against all liability, damages and penalties which they may legally be required to pay as a result of the City's or the Commission's exercise, administration or enforcement of the Franchise. 9.3.3 Nothing in this Franchise relicves a Person from liability arising out of the failure to exercise reasonable care to avoid ir[juring the Grantee's facilities while performing work connected with grading, regrading or changing the line or a Right-of~Way or public place or with the construction orreconstruction or a sewer or water system. 9.3.4 The Grantee shall not be required to indemniry the City (or negligence or misconduct on the part or the City or it~ ollicers, hoards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 48 f3 DRAFT 9.4. Insurance. 9.4..\ As a parl of the indemniticalion provided in Section 9.3. but without limiting the foregoing, Grantee shalllile with the Commission at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensivc general liability insurance policy, including broadcaster's!cablecaster's liability and contractual liability coverage, in protection of the Grantee, thc Commission, thc City and its of/iecrs, cleClcd and appointcd oHicials, boards, commissions, commissioners, agcnts, cmployces and volunteers for any and all damages and penalties which may arise as a result of this Franchise, 'fhe policy or policies shall name the City and the Commission as an additional insurcd, and in their capacity as such, City and Commission officers, elected and appointed officials, boards, col11l11iss;ol15, commissioners. agents, employees and volunteers. The broadcasters'/cabJecasters' liability coverage specified in this provision shall be subject to Section 9.3 above regarding indemnification ofthe City. 9.4.2 The policies of insurance shall be in the sum of not less than $1.000,000.00 for personal injury or death of any one Person, and $2,000,000.00101' personal injury or dcath of two or more Pcrsons in anyone occurrence, $1,000,000.00 for property damage to anyone Person and $2,000,000.00 lor property damage resulting from anyone act or occurrence. 9.4.3 The policy or policies of insurance shall be maintained by Grantee in lull force and ellect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether lor nonpaymcnt ofpremiuffi, or otherwise, and whether at the request of Grantee or lor other reasons, except allcr sixty (60) days advance written notice have been provided to the Commission. The Grantee shall not cancel any rcquired insurance policy without submission of proof that the Grantee has obtained alternative insurance satisfactory to the City which complies with this Franchise. 9.4.4 All insurance policies shall be with sureties qualified to do business in the Stale of Minnesota, with an A-lor better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition, and in a (orm approved by the City. 9.4.5 All insurance policies shall be available for review by the City and the Commission, and the Grantee shall keep on file with the Commission certificates of insurance. 49 it D.RAFT 9.4.6 Failure to comply with the insurance requirements of this Section shall constitute a material violation of this Franchise. SECT/ON 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OFFRANCH/SE 10. I. City's Ri!!ht to Revoke. 10./.1 In addition to all other rights which City has pursuant to law or equity. City reserves the right to commence proccedings to revoke, lenninate or cancel this Franchise, and all rights and privileges pertaining thereto. if it is determined by City that: 10.1.1.1 Grantee has violated material provisions(s) ofthis Franchise; or 10.1.1.2 Grantee has attempted to evade any of the provisions of the Franchise; or /0.1.1.3 Grantee has practiced Iraud or deceit upon the City or the Commission. City may rcvoke this Franchise without the hcaring required by Section 10.2.2 herein if Grantee is adjudged a bankrupt. /0.2. Procedures for Revocation. 10.2.1 The City shall provide the Grantee with written notice ofa cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assuranee of performance in compliance with the Franchise. In the notiee required herein, the City shall provide the Grantee with the basis 1'01' revocation. 10.2.2 The Grantee shall be provided the right to a publie hearing aff'ording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subsection 10.2.1 above. The City shall provide the Grantee with written noticc of its decision together with written findings of fact supplementing said decision. 10.2.3 Only alter the public hearing and upon written notice of the detellnination by the City to revoke the Franchise may the Grantee appeal said decision with an appropriate state or federal court or agency. 50 15 DRAFT 10.2.4 During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any Person or the public. 10.3 Continuitv of Service. Grantee may not abandon the System or any portion thereof without having Jirst given three (3) months' written no lice to the City. The Gnmtee may not abandon the System or any portion thereof without compensating the City for all costs incident to removal of the System if required l1Y the City pursuant to section 10.4. 10.4 Removal After Abandonment, Termination or Forfeiture. 10.4.1 In the event of termination or lorfeiture of the Franchise or abandonment of the System, the City shall have the right to require the Grantee to remove all or any portion of the System Ii'om all Rights-of~Way and public property within the City. subject to any other lawful and valid authorizations the Grantee may have to use the System or a portion thereofin the Public Rights-or-Way_ 10.4.2 1 I' the Grantee has failed to commence removal of the System, or such part thereof as was designated by the City, within thirty (30) days alter written notice of the City's demand for removal is given, or if the Grantee has lililed to eomplete such removal within twelve (12) months aner written notice of the City's demand for removal is given, the City shall have the right to apply funds secured by the Letter of Credit and Performance Bond toward removal andlor declare all right, title and interest to the System to be in the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another jor operation by it. 10.5. Sale or Transfer of Franchise. 10.5.1 No sale or transfer of the Franchise, or sale, transfer or lLlIldamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation Or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger, including the merger of a subsidialY and parent entity, consolidation or the creation of a subsidiary or anJliate entity, shall take place until a written request has been filed with the City requesting approval of the sale, transfer or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required whcre Grantee grants a security interest in its Franchise andlor assets to secure an indebtedness. Approval of a 51 p;; DRAFT transfer or sale request that is subject to this Section 10.5 shall not be unreasonably withheld. 10.5.2 Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantec, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 10.5.3 The Grantee shall tile, in addition to all documents, larms and information required to be filed by applicable law, the following: 10.5.3.1 All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments or other documents relerred to therein which are necessary in order to understand the temlS thereof 10.5.3.2 A list detailing aJl documents tiled with any state or federal agency related to the transaction including, but not limited to, the MPlJC, the fCC, the fTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and 10.5.3.3 Any othcr documents or infomlation related to the transaction as may be specifically requested by the City or the Commission. 10,5.4 The City or its designee shall have such time as is permitted by federal law in which to review a transfer request. 10.5.5 The Grantee shall reimburse the City and/or the Commission tar all the reasonable legal, administrative, and consulting costs and fees associated with the City's/Commission's reviewal' any request to transler. Nothing herein shall prevent the Grantee from negotiating partial Or complete payment of such costs and fees by the transleree. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its Subscriber rates. The parties agree that any payments from the Grantee hereunder do not constitute and are not part ofa Iranchise fee and fall within one or more of the exceptions to 47 U.S.C. ~ 542. 10.5.6 In no event shall a sale. transfer, corporate change or assignment of ownership or control pursuant to subsections 10.5.1 or 10.5.2 of this Section be approved without the Grantee remaining, or (if other than the current Grantee) transferee 52 fl1 DRAFT becoming a signalory to this Franchise and assuming or continuing to have all rights and obligations hereunder. 10.5.7 In the event of any proposed sale, transfer, corporate change or assignment pursuant to subsection 10.5.1 or 10.5.2, the City shalf have the right to purchase the System, and/or any I-Net jor the value of thc consideration pf"Oposed in such transaction. The City's right to purchase shalf arise upon City's receipt of notice of the material terms of an of Tel' or proposal for sale, transfer. corporate change or assignment. which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate (rom any general announcement of the transaction. 10.5.8 The City shall be deemed to have waived its right to purchase the System, and/or any I-Net pursuant to this Section only in the /c)llowing circumstances: 10.5.8.1 Jf City does nol indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change or assignment as contemplated in Section 10.5.7 above, its intention to exercise its right of purchase; or 10.5.8.2 It approves the assignment or sale ofthe Franchise as provided within this Section. 10.5.9 No Franchise may be transferred if the City and/or the Commission determines the Grantee is in noncompliance of the Franchise unless an acceptahle compliance program has been approved by City or the Commission. The approval of any transfcr of ownership pursuant to this Section shall not be deemed to waive any rights of the City or the Commission to subsequently enforce noncompliance issues relating to this Franchise. 1Il.5.IOAn)< transfer Or sale oflhe Franchisc without the prior wrillen consent of the City shall be considered to impair the City's assurance of due perlormanee. The granting of approval for a transfer or sale in one instance shall not render unnecessary approval of any subsequent transfer or sale for which approvallVould otherwise be required. SECTION 11. PROTECT/ON OF INDIVIDUAL RIGHTS 11.1 Discriminatorv Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, 53 51 DRAFT age, status as to public assistance, afiectional prelerence or disability. Grantee shall comply at all times with all other applicable federal. State and City laws. 11.2. Subscriber Privacv. 11.2.1 No signals, including signals of a Class IV Channel, may be transmittedlrom a Subscriber terminal lor purposes of monitoring individual viewing patterns or praL'tices without the express writLen permission of the Subscriber. Such written permission shall be lor a limited period of time not to exceed one (I) year which may be renewed at the option of the Subscriber. No penalty shall be invoked 101' a Subscriber's failure to provide or renew sLlch authorization. The authorization shall be revocable at any time by the Subscribcr without penalty of any kind whatsocvcr. Such permission shall be required lor each type or classilication of Class IV Channel activity planned for the purpose of monitoring individual viewing patterns or practices. 11.2.2 No lists of the namcs and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's service business use or to the City or the Commission for the purpose of Franchise administration, and also to the Subscriber subject of that information, unless Grantee has received specilic written authorization from tile Subscriber to make such data available. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. 11.2.3 Written permission from the Subscriber Sh'111 not be required for the conducting of System wide or individually addressed electronie sweeps lor the purpose of veriFying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set 10rth in subsection 11.2.2. SECTION 12. UNAUTHORIZED CONNECTIONS ANn MODIFICATIONS 12.1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful fot' any finn, Person, group, company, corporation or governmental body or agency, w.ithout the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension or division, whether physically, acoustically, inductively. electronically or othelwise, with ot' to any 54 eft DRAFT segment of the System or to receive services of the System without Grantee's authorization. 12.2, Removal or DestructionProhihited, It shall be unlawful for any firm, Person, group, company or corporation to will/ully interfere, tamper with, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for aoy rights the City may bave pursuanllo this Franchise or its police powers. 12.3, Penalh', Any linn, Person, group. company or corporation (olll1d guilty of violating this section may be lined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent oll'ense. Eneh continuing day of the violation shall be considered a separate occurrence. SECTION 13. MISCELLANEOUS PROVISIONS 13.1. Franchise Rcnewal. Any renewal of this Franchise shall be perlormed in accordance with applicable federal. State and local laws and regulations. 13,2. Work Performed hv Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate thc Systcm, and/or the I-Nct or provide Cabje Service, The Grantec shall provide notice to the City and the Commission of the name(s) and address(es) of any entity, other tban Grantee, which performs substantial services pursuant to this Franchise. t 3.3. Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Such writtcn amendments may bc made subscquent to a review session pursuant to Section 8.6 or 3\ any other time if the City and the Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to cbanges in federal, State or local laws. Provided, however, nothing herein shall restrict the City's exercise of its 55 !7b DRAFT police powers or the City's authority to unilaterally anlend Franchise provisions to the extent pennitted by Jaw. 13.4. Comuliance with Federal, State and Local Laws. 13.4.1 If any lederal or State law or regulation shall require or permit City or Gramee to perform any serviee or act or shall prohibit City or Grantee from performing an)' service or act which may be in connict with the terms of this Franchise. then as soon as possible following knowledge thereol: either party shall notily the other of the point in conllict believed to exist between such law or regulation, Grantee and City shall conl'orm to State laws and rules regarding cable communications not later than one ( I) year ailer Lhey become ellecti ve. unless otherwise stated. and to conlorm to lederal laws and regulations regarding cable as they become eOectivc. 13.4.2 In the event that I'ederal or State laws, rules or regulations preempt a provision or limit the enforeeability ofa provision ol'this Franchise, the provision shall be read to be preempted to the extent and lor the time, but only to the extent and for the lime, required or necessitated by law. In the event su(,h federal or State law, rule or regulation is subsequemly repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and e11ect, and shall thereailer be binding on the patties hereto, without the requirement of further action on the part of'the City or the Commission. 13.4.3 ff any term, condition or provision of [his Franchise or the application thereof to any Person or circumstance (including the City, the Grantee and the Commission) shall, to any extel'll, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances (including the City, the Grantee and the Commission) other than those as to whom it shall bc held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereol' shall, in all other respects, continue to be elTective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement hetween the parties. [n the event such law, rule or regulation is subsequently repealed, rescinded, amended Of otherwise changed so that the provision which had been held invalid or modil1ed is no longer in conflict with the law, niles and regulations then in effect, said provision shall thereupon return to full force and el1ect and shall thereafler be binding on Grantee and City without I'urther action by the City. 56 ;11 DRAFT 13.4.4 'fhe City and the Grantee shall, at all times during the term of this Franchise, including all extensions and renewals hereot; comply with applicable federal, State and local laws and regulations. 13.5 Nonenforcement by City. Grantee shall not he relieved of its obligations to comply with <lny of the provisions of this Fmnchise by reason of <lny f<lilure or delay orthe City or the Commission to enforce prompt compliance. The City or the Commission may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by the City or the Commission of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 13.6 Ri!!hts Cumulative. AI! rights and remedies given to City and the Commission by this Franchise or retained by City or the Commission herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereailer available to the City and the Commission, at law or in equity, and such rights and remedies shall not he exclusive, but each and every right and remedy speeilically given by lhis Franchise or otherwise existing or given may be exercised from lime to time and as often and ill such order as may be deemed expedient hy the City and the Commission and the exercise of one or more rights or remedies shall nol be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 13.7 Grantee Acknowled!!ment of Validity of Franchise. The Grantee acknowledges that it has had an opportunity 10 review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitral)', and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. 13.8 Force Maieure. The Grantee shaH not be deemed in delilUlt of provisions of this Franchise or the City Code where performance was rendered impossible by war or riol~, labor strikes or civil disturbances, floods or other causes beyond the Grantee's control, and the Franchise shall not be revoked or the Grantee penalized tor such noncompliance, provided that the Grantee, when possihle, takes immediate and diligent steps to bring itself back into compliance and to comply as soon a~ possible, under the circumstances, with the Franchise without unduly endangering the health, safety and integrity of the Grantee's 57 9~ DRAFT employees or property, or the health, saiety and integrity of the public, the Rights-of- Way, public propcrty or private property. 13.9 Governin!1 Law. This Franchise shall be governed in all respects by the la\\s of the Statc of Minnesota. 13.10. CaDtions and References. 13.10.1 The captions and hcadings of seetions throughout this Franchise arc intended solely to facilitate reading and reference to the sections and provisions of this r:ranchise. Such captions shall not at1ecllhe meaning or inteqJrelation of this Franchisc. 13.10.2 When any provISion 01' the Cily Code is expressly mentioned herein. such reference shall not be construed to limit the applicability of any other provision ofthe City Code that may also govern the particular matter in question. 13.11. Ri!1hts of Third Parties. This Franchise is not intcnded to, and shall not be construed to, grant any rigbts to or vest any rights in third parties, unless expressly provided herein. 13.12. Men!er of Documents. This Franchise, and the attachments hereto, constitute the entire Franchise agreement between the City and the Gmntee, and supersede all prior oral or written franchises, dralls and understandings. SECTION 14. PUBLICATION EFFECTIVE UATE; ACO:i"fANCE AND EXHIBITS /4. / Publication. This Franchise shall be published il1llccordance with applicable local and Minnesota law. 14.2 Acceotance. 14.2.1 Grantee shall accept this pranchise within sixty (60) days of its enactment by the City Council and the enactment of a I'ranchise on substantillIly similar terms hy the other member municipalities of the Commission, unless the time for acceptance is extended by the City. Such acceptance by the Grantee shall be 58 93 DRAFT deemed the gmnt of this Franchise for all purposes; provided, however, this Franchise shall not be ellective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hercundcr to the Grantee shaJ I be null and void. 14.2.2 Upon acceptance orthis Franchise, the Grumce and the City shall be bound by all the terms and conditions contained herein. 'fhe Grantee agrees that this Franchise is not inconsistcnt with applicable law or rcgulations at the time it is exccutcd. 14.2.3 Grantee shall accept this J.'ranchise in the following manner: 14.2.3.1 This Franchise will be properly executed and acknowledgcd by Grantee and delivered to City. 14.2.3.2 With its acceptance, Grantee shall also deliver any performance bond and insurance certificates required herein that are due but have not previously been delivered. 14.3 Bindine AcccDtancc. Allest: By:.. its: This Franchise shall bind and benefit the parties hereto and their respective authorized heirs, beneliciaries, administrators, executors. receivers, trustees. successors and assigns, Passed and adopted this day of 200 l ""...".. CITY OF ~~~____, MINNESOTA By: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. Dated: [INSERT FULL FRANCHISEE] NAME OF By: Its: 59 91 EXHIBIT A SYSTEM CONSTRUCTION SCHEDULE [TO BE FILLED IN BY THE FRANCHISE APPLICANT. THE SYSTEM CONSTRUCTION SCHEDULE MUST BE CONSISTENT WITH MINN. STAT. ~ 238.084, SUBD. l(m)] A-I 9~ EXHIBIT B NORTH METRO FRANCHISE AREA MAP A-I ~ EXHIBIT C FREE SUBSCRIBER NETWORK DROPS AND CABLE SERVICE TO INSTITUTIONS Blaine: Blaine City Hall- 10801 Town Square Drive NE Police Department -10801 Town Square Drive NE Senior Center - 9150 Central Ave. NE Public Works - 1801 10lst Ave NE Fire Station #2 -1141 89th Ave. NE Fire Station #3 - 11920 Ulysses Street Fire Station #4 - 10209 Lever St. NE. National Sports Center - 1700 105th Ave. NE Fogarty Ice Center - 9250 Lincoln Ave. NE. Jefferson Elementary - 11331 Jefferson St. NE lohnsville E1ementary- 991 J251h Ave. NE Madison Elementary - 650 Territorial Rd. NE. University Elementary - 9901 University Ave. NE. Roosevelt Elementary - 650 Main St. NE Blaine High School- 12555 University Ave. NE Westwood Elementary 701 91st. Ave. NE Westwood Middle School- 711 9151 Ave. NE Calvin Christian School- 8966 Pierce St. NE North Metro Telecommunications Commission Office - 12520 Polk St. NE Centerville: City Hall- 1880 Main St. Fire Department - 1880 Main St. Centerville Elementary - 1721 Westview Public Works - 2085 Cedar Street Circle Pines: City Hall- 200 Civic Heights Circle Police - 54 North Road Centennial Elementary - 4707 North Road Centennial Middle School- 4707 North Road Centennial High School - 4704 North Road Centennial School Dist. Headquarters - 4707 North Road Golden Lake Elementary - I School Road Fire - 2 East Rd Anoka County Library - 100 Civic Heights Circle Public Works - 760 Civic Heights Circle C-l y71 Ham Lake: City Hall- 15544 Central Ave NE Fire-15544 Central Ave. NE Public Works - 15544 Central Ave. NE Senior Center-15544 Central Ave. NE McKinley Elementary - 1740 Constance Blvd Fire Station - 17321 Xylite St. NE Lexinl!ton: City Hall- 9180 Lexington Ave Fire - 9055 South Service Drive Municipal Liquor Store - 9271 Lake Drive Public Works - 9100 Hamline Rd Lino Lakes: City Hall- 600 Town Center Parkway Police - 600 Town Center Parkway Public Works - 1189 Main Street Fire -7741 Lake Drive Centennial Fire District Office -7741 Lake Drive Rice Lake Elementary - 575 Birch St Lino Lakes Elementary - 725 Main St. Centennial Middle School- 399 Elm St. Sorinl! Lake Park: Spring Lake Park School Dist. Office - 8000 Hwy 65 City Hall-1301 NE 81" Ave. FireStation#11710HwylONE Fire District Headquarters - 171 0 Hwy 10 NE Park Terrace Elementary - 830 I NE Terrace Rd Kenneth Hall Elementary - 8089 Able NE Spring Lake Park High - 8001 Able Street NE Prince of Peace School- 7700 Monroe St NE Woodcrest Elementary - 880 Osborne Rd. NE Municipal Liquor Store - 8101 Hwy 65 NE C-2 vF tervi{{e 'LslaJj{isne,f 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE 1880 :Main Street, C'erlterville, :M!N 55038 651-429-3232 orrpa:(. 651-429-8629 RESOLUTION NO. REGARDING THE APPROVAL OF A MODEL FRANCHISE ORDINANCE THAT CAN BE UTILIZED BY COMPETITIVE CABLE FRANCHISE APPLICANTS AND THE REAFFIRMATION OF THE NORTH METRO TELECOMMUNICATIONS COMMISSION'S AUTHORITY TO RECEIVE AND REVIEW ADDmONAL CABLE FRANCHISE APPLICATIONS ON BEHALF OF THE CITY OF CENTERVILLE WHEREAS, commencing in 1966, the Federal Communications Commission and later Congress codified a dual federal-local regulatory process for the regulation of cable seIVices and cable systems that distinguished between matters of national and local concern; and WHEREAS, since 1905, local governments in Minnesota have had the authority to franchise companies seeking to use public rights-<lf-way for private profit. In 1973, this authority over cable communications systems was specifically codified in Minnesota Statutes Chapter 238; and WHEREAS, the City of CenteIVille, Minnesota (the "City") is a local cable franchising authority for pwposes of federal and state law; and WHEREAS, under applicable law, the City may, without limiting any other powers it may possess, franchise cable communications systems and open video systems, regard1ess of the teclmologies or facilities utilized to provide multichannel video progrnmming seIVices; and WHEREAS, in light of advances in teclmology and the ability to offer multiple seIVices over a single netwOlk, local exchange carriers, such as Qwes!, and other entities are beginning to offer cable seIVices across the country; and WHEREAS, the City, along with the municipalities of Circle Pines, Lexington, Blaine, Ham Lake, Spriog Lake Part<, and Lino Lakes Minnesota, has established the North Metro Telecommunications Commission (the "Commission") pursuant to a Joint and Cooperative Agreement; and WHEREAS, the member cities of the Commission, including the City, and have delegated to the Commission the authority, among other things, to monitor cable communications, to receive and review applications for cable seIVice franchises and to make recommendations to the member cities concerning cable communications system franchise applications; and WHEREAS, the City wishes to promote competition in the delivery of cable seIVices and to encourage the deployment of state-<lf-the-art broadband networks; and WHEREAS, the City believes true and effective competition between cable seIVice providers will increase the availability and quality of cable seIVices, spur the development of new teclmologies, improve customer seIVice, discipline rates and generaI1y benefit consumers; and WHEREAS, to promote competition and to streamline the competitive franchising process, the Commission has developed and adopted "Policies and Procedures Governing Application, Review and ?7 Recommendations Regarding Grant of Competitive Cable Franchises" (the "Competitive Franchising Policies and Procedures") to establish an efficient and effective procedure for receiving and analyzing applications for additional cable service franchises and for making recommendations to the City and the other member cities, as appropriate; and WHEREAS, in accordance with the Competitive Franchising Policies and Procedures, the Commission has prepared model Additional Franchise Agreement which can be executed by competitive franchise applicants and adopted by the City as a non-exclusive cable franchise (the "Model Additional Franchise Agreemelll"). The Model Additional Franchise Agreemelll is attached to this Resolution as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Centetville, Minnesota as follows: I. The Model Additional Franchise Agreement attached hereto as Exhibit A is approved in its entirety as to form and substance. The City, however, reserves all of its rights and remedies under applicable laws, regulations and decisions with respect to the consideration of cable franchise applications and the award or denial of cable service franchises. 2. The Commission and its officers, directors and staff are authorized to take such actions as may be necessary or desirable to implement and administer the Competitive Franchising Policies and Procedures, including (but not limited to) receiving, reviewing and making recommendations concerning applications for additional cable service franchises. 3. This Resolution shall be effective immediately upon its adoption. Passed and adopted this _ day of September, 2007. CITY OF CENTERVILLE, MINNESOTA By: Mary Capra, Mayor ATIEST: Teresa Bender, City Clerk moved the adoption of the foregoing Resolution, and Councilmember duly seconded that motion. Upon a vote being taken thereon the following members of the Council voted in favor thereof: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. /fJ{) EXHIBIT A OFFICIAL TERMS OF OFFERING $ 2,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A CITY OF CENTERVILLE, MINNESOTA Sealed bids for the Improvement Bonds described above (the "Improvement Bonds") will be received by the City of Centerville (the "City"), on Wednesday, October 24, 2007, at 11 :00 a.m., central time, at the office of the City Clerk, 1880 Main Street, Centerville, Minnesota, at which time they will be opened and tabulated. Consideration of the bids for award of the sale of the Improvement Bonds will be by the City Council at a regular meeting at 6:30 p.m. the same day as the bids are received. TYPE AND PURPOSE OF OBLIGATIONS The Improvement Bonds are issued pursuant to Minnesota Statutes, Chapter 429 and Chapter 475 for the purpose of providing financing for a portion of the construction cost of street improvements (the "Project"). Project costs have been estimated as follows: Activity Estimated Cost Construction and related cost Engineering Legal and Administrative Capitalized Interest Subtotal $ 1,960284 385,340 45,876 158.000 $ 2,549,500 Discount $50,500 $ 2.600.000 $ 2.600 000 Total Balance to be Financed The principal of and interest on the Improvement Bonds is payable from special assessments ievied against property benefited by the financed improvements and ad valorem taxes. The Improvement Bonds are general obligations of the City for which its full faith, credit, and taxing powers will be pledged. DETAILS OF IMPROVEMENT BONDS The Improvement Bonds will be dated December 1,2007, and will bear interest payable on June 1,2008, and semiannually thereafter on each December 1 and June 1 (each referred to herein as an "Interest Payment Date"). Interest on the Improvement Bonds will be payable by check or draft mailed to the registered owner thereof shown on the bond registration records maintained by the Bond Registrar at the close of business on the 15th day (whether or not on a business day) of the month immediately preceding each Interest Payment Date. The Improvement Bonds will be in the denomination of $5,000 or any integral multiple thereof and shall be in fully registered form. The Improvement Bonds will mature June 1 in the years and amounts as follows: Year Amount Year Amount Year Amou nt 2010 $ 140,000 2015 $ 170,000 2020 $ 215,000 2011 $ 145,000 2016 $ 175,000 2021 $ 220,000 2012 $ 150,000 2017 $ 185,000 2022 $ 235,000 2013 $ 155,000 2018 $ 1 95,000 2023 $ 245,000 2014 $ 165,000 2019 $ 205,000 REDEMPTION The City may elect on June 1, 2011, and on any day thereafter, to prepay the Improvement Bonds maturing June 1,2012 and thereafter. Redemption may be in whole or in part and If in part at the option of the City and in such manner as the City shall determine. If less than all the Improvement Bonds of maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's Interest in such maturity to be redeemed and each participant will then seleel by lot the beneficiai ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. /(// CITY OF CENTERVILLE JOHN W. MEYER PAGE 4 of 20 TERM BOND OPTION All dates are inclusive. Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. BOOK ENTRY FORMAT The Bonds will be registered in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository for the Bonds, and will be responsible for maintaining a book-entry system for recording the interests of its participants and the transfers of interests between its participants. The participants will be responsible for maintaining records regarding the beneficial interests of the individual purchasers of the Bonds. So long as Cede & Co. is the registered owner of the Bonds all paymenls of principal and interest will be made to the depository which, in turn, wiil be obligated to remit such payments to its participants for sUbsequent disbursement to the beneficiai owners of the Bonds. TYPE OF BID A sealed bid for not less than $ 2,549,500 pius accrued interest on the total principai amount of the Improvement Bonds, shall be filed with the City prior 10 the time set for the opening of bids, together with a certified or cashier's check payable to the order of the City Clerk in the amount of $ 50,500 (the "Deposi!") or a Financial Surety Bond. If a check is used, it must accompany such bid. The check is a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if the bidder fails to take up and pay for the Improvement Bonds. No interest shall be allowed on the good faith deposit, and deposits of the unsuccessful bidders will be promptiy returned to each bidder. The 900d faith deposit of the successful bidder will be cashed immediately upon acceptance of the bid by the City Council and payment for the balance of the purchase price of the Improvement Bonds shall be made payable on the date of settlement. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and such bond must be submitted to the City prior to the opening of the bid. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Improvement Bonds are awarded to a bidder utilizing a Financial Surety Bond, then the successful bidder is required to submit its Deposit to the City in the form of a cashier's check (or wire transfer such amount as instructed by the City) to satisfy the Deposit requirement. No interest on the Deposit will accrue to the successful bidder. The Deposit will be applied to the purchase price of the Improvement Bonds. In the event the successful bidder falls to honor Its accepted bid, the Deposit will be retained by the City as liquidated damages. Envelopes containing bids should be marked "Bid for $ 2,600,000 General Obligation improvement Bonds, Series 2007A". Interest rates offered by bidders should be expressed in integral multiples of 1/8th or 1/20th of one percent in ascending order. Neither the rate nor the net effective rate for the entire issue of the Improvement Bonds shall exceed the maximum rate permitted by law. Improvement Bonds of the same maturity shail bear a single rate from the date of the Improvement Bonds to the date of maturity. AWARD The Improvement Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from or the addition of any amount iess than par to the totai dollar interest cost on the Improvement Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controiling. The City reserves the right to: (i) waive non substantive informalities of any bid or ot matters related to the receipt of bids and award of the Improvement Bonds; (Ii) reject all bids without cause; (iii) reject any bid in which the City determines that the bidder failed to comply with the terms herein; and (iv) adjourn the sale if deemed expedient. THE BOND REGISTRAR The City has selected U.S. Bank National Association to act as the bond registrar, transfer agent, authenticating agent and paying agent (the "Bond Registrar") for the Improvement Bonds. The City will pay the reasonable and customary charges for the services of the Bond Registrar. The City reserves the right to remove the Paying Agent/Bond Registrar and to appoint a successor. CUSIP NUMBERS If the Improvement Bonds qualify for assignment of CUSIP numbers, such numbers will be printed on the Improvement Bonds, but neither the failure to print such numbers on any Improvement Bonds nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept deiivery of the Improvement Bonds. The CUSIP Service Bureau's charge for the assignment of CUSIP Identification numbers shall be paid by the purchaser. Application for CUSIP numbers is the obligation of the purchaser. )o/- CITY OF CENTERVILLE JOHN W. MEYER PAGE 5 of 20 BOND INSURANCE AT PURCHASER'S OPTION If the Improvement Bonds qualify for issuance of any policy of municipal bond insurance or commilmenttherefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Improvement Bonds. Any increased costs of issuance of the Improvement Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Improvement Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the poilcy after Improvement Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Improvement Bonds. SETTLEMENT Within 40 days after the sale, the City will deliver the typed Improvement Bonds to DTC on behalf of the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, inciuding a nonarbitrage certificate and a no-litigation certificate. Payment for the Improvement Bonds shall be made by the purchaser in federal or equivalent funds and shall be received by the City at its office or its designee not later than 1 :00 p.m., cenlral time, of the day of settlement. Except as compliance with the terms of payment shall have been made impossible by action of the City or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's noncompliance with said terms for payment. At settlement, the purchaser will be furnished a certificate signed by an appropriate officer of the City to the effeel that the official stalement prepared by the City did not, as of the date of the official statement, and does not, as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Simultaneously with or before delivery of the Improvement Bonds, the successful bidder shall furnish to the City a certificate acceptable to bond counsel to the effect that (1) the successful bidder has made a bona fide public offering of the Improvement Bonds and the initial reoffering prices, and (2) a substantial amount of the Improvement Bonds was sold to the public (excluding bond houses, brokers, and other intermediaries), at such initial reattering prices. TAX EXEMPT STATUS In the opinion of Bond Counsel, assuming compliance with certain covenants made by the City Council to satisfy pertinent requirements of present law, interest on the Improvement Bonds is not, under present law, inciudable in gross income of the recipient for federal income tax purposes or in taxable net income of individuals, trusts and estates for Minnesota income tax purposes, but such interest is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. Interest on the Improvement Bonds is not an item of tax preference includable in allernative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts, but for purposes of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The Improvement Bonds will be designated as "qualified tax exempt obligations" under Section 265(b) of the Internal Revenue Code of 1986, as amended. CONTINUING DISCLOSURE In order to comply with the provisions of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule") the City has entered into an undertaking (the "Undertaking") for the benefit of the holders of the Bonds. Through the Undertaking, the City covenants and agrees to provide certain annual financial information and operating data about the City and to provide notice of the occurrence of certain material events. This information shall be provided according to the time parameters described in the Undertaking and to the information repositories and the Municipal Securities Rulemaking Board as required by the Rule. The specific provisions of the Undertaking are set forth in the Continuing Disclosure Certificate in substantially the form attached hereto as Appendix D. The Continuing Disciosure Certificate will be executed and delivered by the City at the time the Bonds are deiivered. The City is the only "obligated person" with respect to the Bonds within the meaning of the Rule. The City has complied in all material respects with any portion undertaking under the Rule. CITY OF CENTERVILLE JOHN W. MEYER PAGE 6 of 20 J()J OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Improvement Bonds, and said Official Statement wil/serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Improvement Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Improvement Bonds, as that term is defined in Rule 15c2-12. By awarding the Improvement Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Improvement Bonds are awarded a reasonable number of copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to Which the Improvement Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each participating underwriter. Any underwriter delivering a proposal with respect to the Improvement Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (Ii) it shall enter into a contractual relationship with all participating underwriters of the Improvement Bonds for purposes of assuring the receipt by each such participating underwriter of the Final Official Statement. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the John W. Meyer, 1880 Main Street, Centerville, Minnesota 55038; Telephone 651-429-3232. Dated: September 26, 2007. BY ORDER OF THE CITY COUNCIL /5/ Teresa Bender, City Clerk )u1 CITY OF CENTERViLLE JOHN W. MEYER PAGE 7 of 20 tervi[[e 'Esta6{jsficd 1857 1880 !Main Street, Centeroi1Ie, !M!N 55QJ8 651-429-3232orP4:(651-429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #07-0_ Member introduced the following resolution and moved in adoption: RESOLUTION AUTHORIZING THE ISSUANCE, ESTABLISHING THE TERMS AND PROVIDING FOR THE SALE OF $2,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 2007A BE IT RESOLVED, by the City Council of the City of Centerville, Minnesota (the "City"), as follows: 1. Authorization of Bonds. It is hereby found, determined, and declared to be necessary, and in the best interests of the City and its residents, that the City should issue $2,600,000 General Obligation Improvement Bonds of2007A (the "Bonds"), pursuant to Minnesota Statutes, Section 475.52, Subdivision I, for the purpose of providing funds for the construction of public improvements (Fairview Street, CSAH 14, Old Mill Road). 2. Term and Conditions of the Bonds. The terms and conditions of the Bonds and the sale thereof are set forth in the Official Terms of Offering, a copy of which is attached hereto as Exhibit A. Each and all of the terms and conditions set forth in the Official Terms of Offering are adopted and confirmed as the terms and conditions of the Bonds and the sale thereof, and the City Council shall meet at the time and place fixed therein to consider the bids for the purchase of the Bonds. 3. Sale of the Bonds. John W. Meyer is authorized and directed to sell the Bonds as permitted by Minnesota Statutes, Section 475.60. Adopted September 26,2007. Mayor /d6' Attest: City Administrator The motion of the adoption of the foregoing Resolution was duly seconded by Member and, upon vote being taken, the following voted in favor thereof: the following voted against the same: the following were absent: whereupon, said Resolution was declared duly passed and adopted, and approved and signed by the Mayor and attested by the City Administrator. /u& TAX INCREMENT FINANCING PLAN For TAX INCREMENT FINANCING DISTRICT NUMBER 1-7 Kendall Howard Project (Economic Development District) of the CITY OF CENTERVILLE SEPTEMBER 26. 2007 PreDared bv: John Meyer Finance Director City of Centerville ___jjJ1 TABLE OF CONTENTS SECTION I TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NUMBER 1-7 (ECONOMIC DEVELOPMENT DISTRICT) Subsection 2.1. Statement of Objectives Subsection 2.2. Development Program Subsection 2.3. Parcels to be Included in Tax Increment Financing District No. 1-7 . Subsection 2.5. Development Activity in Development Project No. 1-7 for which Contracts have been Signed Subsection 2.6. Other Specific Development Expected to Occur within Development District No. 1-7 Subsection 2.7. Estimated Cost of Project Subsection 2.8. Estimated Amount of Bonded Indebtedness Subsection 2.9. Sources of Revenue Subsection 2.10. Estimated Original and Captured Tax Capacities Subsection 2.11. Type of Tax Increment Financing District Subsection 2.12. Duration of Tax Increment Financing District No. 1-7 Subsection 2.13. Estimated Impact on Other Taxing Jurisdictions Subsection 2.14. Studies and Analysis Used for "But For" Determination Subsection 2.15. Modification of Tax Increment Financing District No. 1-7 and/or Tax Increment Financing Plan. Subsection 2.16 Prior Planned Improvements Subsection 2.17 Fiscal Disparities Election 1 1 1 1 1 1 2 2 3 3 3 4 5 5 5 5 EXHIBIT 1 Boundary Map and Legal Descriptions of Tax Increment Financing District No. 1-7, as established EXHIBIT 2 Cash Flow Analysis EXHIBIT 3 Public Notice EXHIBIT 4 Proposed Development - Kendall Howard (Phase One) - Table of Contents - /tJP SECTION I. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NUMBER 1-7 Subsection 2. 1. Statement of Objectives. TIF District 1-7 is being created to facilitate development of a 50,000 square foot industrial building on a parcel east of Royal Oaks Industrial Park. See Section I, Development Program for Development District No.1, Subsection B, Statement of Objectives. Subsection 2.2. Develooment Proaram. See Section I, Development Program. Subsection 2.3. Parcels to be Included in Tax Increment Financina District No. 1-7. The following parcels are located In the City of Centerville, County of Anoka, State of Minnesota: A portion of parcel number - 24-31-22-33-0017 (approximately 3.5 acres) (See EXHIBIT 1 for the map of Tax Increment Financing District No. 1-7) Subsection 2.4. Parcels in Acauisition. The City will not be acquiring all parcels with this development project. Subsection 2.5. Develooment District Activities in Develooment District No.1 for which Contracts have been Sianed. The following contracts have been entered into by the City and the persons named below: Subsection 2.6. Other Soecific Develooment Exoected to Occur within Develooment District No.1. 50,000 square foot industrial development (See EXHIBIT 4) -Page1- Iv)! Subsection 2.7. Estimated Cost of Proiect. The estimated costs of public improvements to be made within Tax Increment Financing District No. 1- 7 are to be financed by tax increments and other sources if necessary. These estimated costs are as follows: TAX INCREMENT FINANGNG DISTRICT NUMBER. 1-7 Activitv Estimated Cost Developer Assistance (pay-as-you-go) Site Improvements Road Improvements Engineering/Contingencies Capitalized Interest Administrative Expenses $225,000 o o o o $ 30.000 $255,000 Total Project-Wide Improvements No public improvements will be made outside Tax Increment Financing District No. 1-7. SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS ITEM GRADING AND SITE PREPARATION BASIS FOR ESTIMATES Estimates by City staff, consultants and developer PUBLIC IMPROVEMENTS/UTIlITIES Estimates by City staff, consultants and developer FIRE WATER/PONDS/LINES/PUMPS Estimates by City staff, consultants and developer ROAD IMPROVEMENTS Estimates by City staff, consultants and developer ADMINISTRATION Approximately 10% of tax increment expenditures allowed for local administration including bond issuance costs and planning Subsection 2.8. Estimated Amount of Bonded Indebtedness. The City is anticipating tine issuance of 1Q in General Obligation Taxable Tax Increment Bonds relating to this project. The City does anticipate entering Into a revenue note with developer for $225,000. -Page2- Ill) Subsection 2.9. Sources of Revenue. Public improvement costs, acquisition, site preparation costs and other costs outlined in the Estimated Cost of Project (Subsection 2.7 above) will be financed through the annual collection of tax Increment revenues as described below and such other permissible revenue sources as determined by the City including Bonds referenced in Subsection 2.8. The City expects to retain 100 percent of the tax . Increment for payment of the City's obligations. Subsection 2.10. Estimated OriGinal and Caatured Tax Caaacities. The most recent original tax capacity of Tax Increment Financing District No. 1-7 is estimated to be $1.564. The estimated captured tax capacity of Tax Increment Financing District No. 1-7 at the time the tax increment becomes payable is expected to be $35.582. Subsection 2.11. Tvae of Tax Increment FinancinG District. Tax Increment Financing District No. 1-7 is, pursuant to Minnesota Statutes Section 469.174, Subd. 12, a "Economic Development District" defined as type of tax Increment financing district consisting of a project, or portions of a project, within which the authority finds to be in the public interest because: (1) it will discourage commerce, Industry, or manufacturing from moving their operations to another state or municipality; or (2) it will result in increased employment In the state; or (3) it will result in preservation and enhancement of the tax base of the state. Subsection 2.12. Duration of Tax Increment FinancinG District No. 1-7. The duration of Tax Increment Financing District No. 1-7 is expected to be eight (8) years from the receipt of the first tax increment. The date of receipt of the first tax increment is anticipated in the year 2009. Thus, it is estimated that the Tax Increment Financing District, including any modifications for subsequent phases or other changes would terminate in the year 2016. -Page3- /1/ Subsection 2.13. Estimated Imoact on Other Taxino Jurisdictions. Test NO.1: The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax Increment financing, the impact Is $0 to other entities. Test No.2: Notwithstanding the fact that the fiscal Impact on the other taxing jurisdictions Is $0 due to the fact that the financing would not have occurred without the assistance of the City, the following estimated impact of the Tax Increment Financing District would be as follows If Test No.1, the "but for" test was not met: IMPACT OF TAX BASE %of Captured Current Original Future Captured Tax Tax Tax Tax Tax Capacity to Entity Capacity Capacity Capacity Capacity Entity City 3,565,966 1,564 37,146 35,582 1.00% County 296,151,005 1,564 37,146 35,582 0.01% ISO 12 26,341,846 1,564 37,146 35,582 0.14% IMPACT ON TAX CAPACITY RATES Current Captured Tax Tax Potential Rate Entity Rate Capacity Taxes Impact City 50.486% 35,582 $17,964 0.50% County 30.322% 35,582 $10,789 0.00% ISD 12 40.187% 35,582 $14,299 0.05% Total 120.995% 35,582 $43,052 0.56% - Page 4- I //1- Subsection 2.14. Studies and Analvses Used for "But For" Determination. The following studies and analyses have been undertaken and reviewed In order to make the "but for" findings provided for In the approving resolution of the City, as required pursuant to Section 469.177, Subd. 3, clause 2 of the Tax Increment Financing Act: Such studies and analyses are on file in the office of the Finance Director. Subsection 2.15. Modification of Tax Increment Financing District No. 1-7 and/or Tax Increment Financing Plan. As of Seotember 26. 2007. no modifications to Tax Increment Financing District No. 1-7 or the Tax Increment Financing Plan therefore have been made. Subsection 2.16 Prior Planned ImDrovements. In the 18 months prior to the city's public hearing to consider approving the Tax Increment Financing Plan for Tax Increment Financing District 1-7, no building permits have been issued on parcels included in the proposed Tax Increment Financing District. Subsection 2. 17. Fiscal Disoarities Election. The city elects to calculate fiscal disparities pursuant to Minnesota Statutes Section 469.177, Subd. 3, clause b. -Page5- /6 EXHIBIT 1 Boundary Map of Tax Increment Financing District No. 1-7, as established SeDtember 26. 2007 Tax Increment Financing District No. 1-7 Man-TIF District 1-7 . ~'~.! i~t1 ~I/N' . '"iF" ~ ~ IIi EXHIBIT 2 Cash Flow Analvsis = = = 2Q!lI 2Illi Zlill = 2lli = W& 1 l. J ~ ~ ti Z ti ~ 1ll Bealnnina Balance $0 $0 $0 $6/499 $13.422 $20,592 $28,120 $36,025 $44,325 $53,040 l<l<2m<. TIF Tal( Payments $0 $0 $42,699 $42,699 $42,699 $42,699 $42,699 $42,699 $42.,699 $42,69' Interest Income $0 $0 $0 $325 $671 $1,030 $1,406 $1,801 $2,216 $2,652 Total tncome $0 $0 $42,699 $43,024 $43,370 $43,728 $44,105 $44,500 $44,915 $45,351 ~ Principal $0 $0 $22,700 $2.4.000 $25,500 $27 ,GOO $28.700 $30,400 $32,200 $34,500 Subtotal-Principal $0 $0 $22,700 $24,000 $25,500 $27,000 $28,700 $30/100 $32,200 $34,500 Interest $0 $0 513.500 $12,100 $10,700 $9.200 $7,500 $5.800 $4,000 $2,000 Subtotal-Interest $0 $0 $13,500 $12,100 $10,700 $9,200 $7,500 $5,800 $4,000 $2,000 Total Expenses $0 $0 $36,200 $36,100 $36,200 $36,200 $36,200 $36,200 $36,200 $36,500 Net Difference $0 $0 $6,499 $6,924 $7,170 $7,528 $7,905 $8,300 $8,715 $8,851 Enrljnn Cash Balanc.e $0 $0 $6,499 $13,422 $20,592 $28,120 $36,025 $44,325 $53,040 $61,891 PAVe:. Prif\Cioal $225,000 $225,000 $202,300 $178,300 $152,800 $125,800 $97,100 $66,700 $34,500 $0 //S EXHIBIT 3 Public Notice STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING ON TAX INCREMENT FINANCING DISTRICT 1-7 PLAN IN DEVELOPMENT DISTRICT #1 NOTICE IS HEREBY GIVEN, that the City Council of the City of Centerville, Minnesota will meet on Wednesday, September 26, 2007 in the Council Chambers of Centervllle City Hall located at 1880 Main Street, Centerville, Minnesota commencing at 6:30 p.m. or shortly thereafter to consider spending $255,000 for activities associated with a tax increment district. The legal description of the district Is as follows: A Portion of THE SW1/4 OF SW1/4 OF SEC 24 TWP 31 RGE 22, EX THAT PRT OF S 342.75 FT OF SD 1/4 1/4 LYG WLY OF E 410 FTTHEREOF, ALSO EX E 410 FT OF S 345 FTTHEREOF, ALSO EX PRT PLATTED AS ROYAL INDUSTRIAL PARK,EX RD, SUBJ TO EASE OF REC, CENTERVILLE, ANOKA COUNTY MINNESOTA. MaD-TIF District 1-7 . ~- ~ ~ @IS ,-...i LAi . '"~'"' - ~ !l~ The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language Interpreter must be received before 4:00 p.m. September 17, 2007. All persons interested are invited to attend and to be heard, verbally or in writing. You may call City Hall at (651) 429-3232 if you have any questions. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional Information or to obtain a copy of the proposed tax Increment financing plan. If you desire, you may email: dlarsonlOlcentervlllemn.com or imeverlOlcentervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervlllemn.com. Teresa Bender/City Clerk, CMC Published in the Quad Community Press on September 11, 2007. //1 -tervifCe . P.stal1t1S1ieJ:J: 1857 ,1880 Mai'tJ, Strut, C~lIt~htfl14, !M;N" $$(JJB 6S1~~3232 ",r,!F~6,1t.42~629 August 23, 2007 Dr. Roger Warner Superintendent ISD#12 District Office 4707 North Road Circle Pines, MN 55014 Dear Dr. Warner: The City of Centerville is proposing to create a plan for Tax Increment District Number 1-7. Tax Increment District Number 1-7 is a redevelopment district located in Development District Number 1. Tax Increment District Number 1-7 involves expenditures totaling approximately $255,000.00 for site improvements and administrative activities (administrative expenses do not exceed 10% of the project cost). The city will need to borrow for all the expenditures anticipated in the pian. The proposed development would not be possible if this tax increment financing plan were not implemented. No county road improvements are needed to support this plan. The anticipated tax capacity capture from proposed activities included in this plan within the proposed tax increment district is 35,582 at completion. To solicit public input and complete the plan adoption process, the city will be holding a public hearing on September 26, 2007 at 6:30 PM at city hall to receive comments on the plan. If you have any questions or comments, please don't hesitate to contact me at 651-429-3232. Sincerely, JOVlVC W. Meljev John W. Meyer City of Centerville Finance Director PS: Attached is a copy of the Tax Increment Financing Plan lit tervi{{e 'Estafj(i.ifted" 1857 188(J 'fMdm,StN"". Cmui'rdlti. !M9V: ~~D.}lf 'M'-42~vJ2J3 prq:'~6$J429-~6~9 August 23, 2007 Ms. Rhonda Sivarajah Commissioner Anoka County 21003" Avenue Anoka, MN 55303 Dear Commissioner Sivarajah: The City of Centerville is proposing to create a plan for Tax Increment District Number 1-7. Tax Increment District Number 1-7 is a redevelopment district located in Development District Number 1. Tax Increment District Number 1-7 involves expenditures totaling approximately $255,000.00 for site improvements and administrative activities (administrative expenses do not exceed 10% of the project cost). The city will need to borrow for all the expenditures anticipated in the plan. The proposed development would not be possible if this tax increment financing plan were not implemented. No county road improvements are needed to support this pian. The anticipated tax capacity capture from proposed activities included in this plan within the proposed tax .increment district is 35,582 at completion. To solicit public input and complete the plan adoption process, the city will be holding a public hearing on September 26, 2007 at 6:30 PM at city hall to receive comments on the plan. If you have any questions or comments, please don't hesitate to contact me at 651-429-3232. Sincerely, Jon"- w. Met:)er John W. Meyer City of Centerville Finance Director PS: Attached is a copy of the Tax Increment Financing Plan //1 t:ervi{{e 'Esta6ftsfied: J857 .l88c!!A(dl"~d~ -Qr!"~ ~.r$p!.8 '6:J14)9~~~2 ~d.f~6,5J-429-86,2.~ August 23, 2007 Mr. Terry Johnson County Administrator Anoka County 21003'" Avenue Anoka, MN 55303 Dear Mr. Johnson: The City of Centerville is proposing to create a plan for Tax Increment District Number 1-7. Tax Increment District Number 1-7 is a redevelopment district located in Development District Number 1. Tax Increment District Number 1-7 involves expenditures totaling approximately $255,000.00 for site improvements and administrative activities (administrative expenses do not exceed 10% of the project cost). The city will need to borrow for all the expenditures anticipated in the plan. The proposed development would not be possible if this tax increment financing plan were not implemented. No county road improvements are needed to support this plan. The anticipated tax capacity capture from proposed activitie,s included in this plan within the proposed tax increment district is 35,582 at completion. To solicit public input and complete the plan adoption process, the city will be holding a public hearing on September 26, 2007 at 6:30 PM at city hall to receive comments on the plan. If you have any questions or comments, please don't hesitate to contact me at 651-429-3232. Sincerely, Jon"" W. MetJer John W. Meyer City of Centerville Finance Director PS: Attached is a copy of the Tax Increment Financing Plan /;0 EXHIBIT 4 Proposed Development - Kendall Howard (Phase One) /~ -III : .i~ ~: !llj ~;; ~~~ oCu !I!jj' -J: ~~ ~dl.i~J ~d. 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F ~ . !JI 'I' ; illll: l(~ 111m ~ ~ 01 I'l ~ w o " z C ~~ "0 I\k!3OTM') /5 n._~lMKPI_ tervi[[e 'Esta6fishea 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE 1880 !"Main Strut, Centervitre, :M2V 55038 651429-3232 orP~ 651-429-8629 RESOLUTION #07-0_ Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE TAX INCREMENT FINANCING PLAN FOR AND THE CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 1-1 BE IT RESOLVED By the City Council (the Council) of the City of Centerville, Minnesota (the City) as follows: Section I. Recitals. 1.01. On September 23, 1987, the Council adopted a Development Program for Development District No.1, pursuant to and in accordance with Minnesota Statutes Sections 469.124 through 469.134 (previously Chapter 472A). 1.02. It has been proposed that the City create a Plan for Tax Increment Financing District No. 1-7. 1.03. The Council has investigated the facts and has caused to create the Tax Increment Financing Plan (Plan) for Tax Increment Financing District No. 1-7. 1.04. The City has performed all actions required by law to be performed prior to the adoption of the Plan, including, but not limited to, notification of Anoka County and the Independent School District and holding a public hearing regarding the Plan upon such notice as is required by law. 1.05. The Plan is contained in a document entitled "Tax Increment Financing Plan, for Tax Increment Financing District No. 1-7, City of Centerville" dated September 26, 2007, on file at city hall. 1.07. The City Council has fully reviewed the contents of the Plan and has on this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings Relating to the Plan for Tax Increment Financing District No. 1-7. 21; 2.01. It is found and detennined that it is necessary and desirable for the sound and orderly development of the District and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to create the Plan for Tax Increment Financing District No. 1-7. 2.02. It is further found and detennined, and it is the reasoned opinion of the City, that the actions proposed in the Plan for Tax Increment Financing District No. 1-7, could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary to assist the project. 2.03. The expenditures proposed to be financed through tax increment financing are necessary to pennit the City to realize the full potential of the District in terms of development intensity and tax base. 2.04. The creation of the Plan for Tax Increment Financing District No. 1-7 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the tax increment financing district by private enterprise. 2.05. The Plan conforms to the plans for development of the City as a whole. 2.06. The City Council has relied upon the opinions and recommendations of its staff and the personal knowledge of the members of the council in reaching its conclusions regarding the creation of the Plan. 2.07. Tax Increment Financing District No. 1-7 is an economic development tax increment financing district within the meaning of Minnesota Statutes Section 469.174, Subd. 12. Section 3. Approval of the Tax Increment Financing Plan. 3.01. The Plan for Tax Increment Financing District No. 1-7 is hereby adopted and the district is hereby created. 3.02. The Finance Director is authorized and directed to file a copy of the Plan for Tax Increment Financing District No. 1-7 with the Minnesota Department of Revenue and State Auditors Office. DATED: ATTEST: Teresa Bender, City Clerk Mary Capra, Mayor /21 The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof And the following voted against same: Whereupon said resolution was declared duly passed and adopted_ /2F 7029 20th Ave. Centerville, Mn 55038 Sedona Townhomes LLC September 20,2007 Dallas Larson, City Administrator City of Centerville 1880 Main Street Centerville, Mn 55038 Dear Mr. Larson; RE: Reduction of Letter of Credit As provided in the Development I Subdivision agreement item # 1 0, we are requesting a reduction of the security amount for the Publici Private Improvements that have been completed. Please note that two items have not been completed, letters F and H. Descriotion of Public and Private Imorovements A. Sanitary Sewer B. Water System C. Underground utilities D. Landscaping E. Surveying and staking F. Setting of lot and block monuments G. Erosion control H. Tum lane I. Parking lot Completed $48,500 inc.inA $1,000 $35,500 $4,500 o $2,200 o $89.500 Totals of Completed Costs $181,200 Letter of credit Less Completed Costs New Letter of credit Thanks r your help. Sine e , ~gl&~ Chief Manager $219,400 $}.g.l, 2(j(j - ~ '07... I r.. ">,09, " (~(,3~ .~ ~--~ /29 one trJJ ~ RECEIPT AND ~~F ~~ICS' LIEN RIGHTS The undersigned acknowledges having received payment of: Fifty three thousand four hundred thirty eight and 50/100 ($53,438.50) From: Sedona Townhomes, LLC (Name of Payer) CHECK ONLY ONE I. - As partial payment for labor, skill and material furnished 2. - As payment for all labor, skin and material furnished or to be furnished (except the sum of$_312.50 retainage or holdback) 3. - As full and final payment for all labor, skill, and material or to be furnished To the following described real property: (legal description, street address or Project name) 7015 20th Ave S. Centerville, MN 55038 ( Street Address or Legal Description) And for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property ( only for the amount paid if line I is checked, and except for retainage shown ifline 2 is checked). The undersigned affIrms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full. Except: Note: If this instrument is executed by a corporation, it must be signed by an officer, and if executed by A partnership, it must be signed by a partner. By: YjJ~ffl1_ kjPfll-r ~ Title:_'V '( f":C:, 'rlt" m Company:J2[lr [' {A. \ \ (' f) tUril(+l'~.' -I-tC. /3i? Jun. 29.2007 9:19AM No.4173 P. 2 RECEIPT AND WAIVER OF ME VJ D 0 '1 - 10 Q 4 3 Date: 6/28/2007 The undersigned hereby acknowledges teceipt of the sum of $ 6,093.50 CHECK ONLY ONE 1) )( As partial payment for labor, skill and material furnished 2) 0 As payment for all labor, skill and material furnished or to be furnished (except the sum of $ ) 3) 0 Iv; full and final payment for all labor, skill and material furnished or to be furnished to the Following described real properry: 3 story office building in ciry of Centerville YJ. (") 1 - L d '-! 2:, RETURN TO: Sedona Townhomes Ann: Vicki Miller 7029 20'h Ave S Cenrerville, MN 55038 And for value received hereby waives all rights acquired by the undersigned [Q file or record mechanic's lien against said real property for labor, skill or material furnished to say real property (only for the amount paid jf Box 1 is checked., and except for the retainage show if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument is executed by a corporation, it must be signed by an officer; and if it is executed by a partnership, it must be signed by a parmer. (\ ~ ~a1\I\'2)<cu\ Cnef~ll. .' \'\ I ,/ , _ By .f~'.r, if~ //v? , . B (Title) ~ J ~ /'-1&01 amSe.\/ V ~ ~S)I . ,n \1"'\ $->\ $ S S "2, O~ W ARNlNG: UNAUTHORIZED COPYING OF THIS FORM IS PROHlllITED /3/ ttjeu)(:!.e8 RECEIPT AND WAIVER OFi MECHANIC'S LIEN RIGHTS , Date: 8/22/2007 The undersigned hereby acknowledges receipt of the sum of $ 14,650.00 CHECK ONLY ONE I) ~ As partial payment for labor, skill and material furnished 2) 0 As payment for all labor, skill and material furnished or to be furnished (except the sum of $ ) 3) 0 As full and final payment for all labor, skill and material furnished or to be furnished to the Following described real property: 3 story office building in city of Centerville RETIJRN TO: Sedona T ownhomes Attn: Vicki Miller 7029 20th Ave S Centerville, MN 55038 And for value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said real property for labor, skill or material furnished to say real property (only for the amount paid if Box 1 is checked, and except for the retainage show if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument is executed by a corporation, it must be signed by an officer: and if it is executed by a partnership, it must be signed by a partner. lJ,,-LJt:RS IKEt:. 2,PAbnJc. INt!.- By Q~ .~;J~ -PI! (.~, t> elJ1" (Titk) (Address) WARNING: UNAUTHORIZED COPYING OFTHlS FORM [S PROH[BITED /32 RECEIPT AND WAIVER OF Date: 8/1/2007 The undersigned hereby acknowledges receipt of the sum of $ 10,000.00 CHECK ONLY ONE I) [8] As partial payment for labor, skill and material furnished 2) D As payment for all labor, skill and material furnished or to be furnished (except the sum of $ ) 3) D As full and final payment for alllabor,-skill-andmaterial furnished orto-be-fumished1:o-me------ - Following described real property: Landscaping for 3 story office building in city of Ccnterville RETURN TO: Sedona Townhomes Attn: Vicki Miller 7029 20th Ave S Centerville, MN 55038 And for value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said real property for labor, skill or material furnished to say real properry (only for the amount paid if Box I is checked, and except for the retainage show if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned havc been paid in full. EXCEPT: NOTE: If this instnllDcnt is exccuted by a corporation, tt must be signed by an officer; and if it is executed by a partnership, it must be signed by a partner. __ ) U"x/'.L; 0Zid!x. ~ By 91-'( 2JQ.&JV'ZLJ V ()~A Y7l-^./1 '5 (7'-; '?-vd..Title) /J . / [, If 0 ..--, n./i./l H/f/ vu~ ?v.:{/c (Add'~ , crm '7 JJi'>-<: W,IHSI!'G UNAGTIIORIZED COPYING OF THIS FORM IS PROHIBITED /33 -- -- E.fd ~c/ -vc5~. ~ '11 ~ RECEIPT AND WAIVER OF MECHANIC'S U::::t:kTS ~ Date: 5/29/2007 The undersigned hereby acknowledges receipt of the sum of $ 5,500.89 CHECK ONLY ONE 1) 0 As partial payment for labor, skill and material furnished 2) 0 As payment for all labor, skill and material furnished or to be furnished (except the sum of $ ) 3) ~ As full and final payment for all labor, skill and material furnished or to be furnished to the Following described real property: Centerville office park 2nd add Invoice it 20687 & 20768 RETURN TO: Sedona T owrihomes Attn: Vicki Miller 7029 20th Ave S Centerville, MN 55038 And for value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said real property for labor, skill or material furnished to say real property (only for the amount paid if Box I is checked, and except for the retainage show if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in fuJl, EXCEPT: UL tJtp)~ ~1J--lIlc(f-~ KG Run &: SONS, IN 6716 LAKE l:JUli V ENE. SUITE #1 ]0 UNO LAK~~;'f\JrN 55014 NOTE: If this instrument is executed by a corporation, it must be signed by an officer; and if it is executed by a partnership, it must be signed by a partner. By WARNING, UNAUTHORIZED COPYING OF THIS FORM IS PROHIBITED /J/ /:: (/ /-uc4:1JotJ j RECEIPT AND W AIVER of~i~iCiLIEN RIGHTS Date: 8/1/2007 The undersigned hereby acknowledges receipt of the sum of $ 6,085.50 CHECK ONLY ONE 1) 0 As partial payment for labor, skill and material furnished 2) 0 As payment for all labor, skill and material furnished or to be furnished (except the sum of $ ) 3) ~ As full and final payment for all labor, skill and material furnished or to be furnished to the Following described real property: 3 story office building in city of Centerville RETIJRN TO: Sedona T ownhomes Attn: Vicki Miller 7029 20th Ave S Centerville, MN 55038 And for value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said real property for labor, skill or material furnished to say real property (only for the amount paid if Box 1 is checked, and except for the retainage show if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument is executed by a corporation, it must be signed by an officer; and if it is executed by a partnership, it must be signed by a partner. ~ ~fiA lLjf4/A-u II tj/A--/ j (Tide) .G RIll) &I SO/'l'S INC 6776 L~kt'))RIVE NE SUITE #110 . LlNO LAKES, MN 55014 WARNING: UNAUTHORIZED COPYING OF THIS FORM IS PROHIBITED /3.5 ff,&vr { {;/ r; dJ-T k::.-(/(Cf /'{''7U rbtP (1.DA~ RECEIPT AND WAIVER OF MECHANI~LIEN RIGHTS Date: 5/29/2007 The undersigned hereby acknowledges receipt of the sum of $ 84,702.00 CHECK ONLY ONE 1) [gJ As partial payment for labor, skill and material furnished 2) 0 As payment for all labor, skill and material furnished or ro be furnished (excepr the sum of $ ) 3) 0 As full and final payment for all labor, skill and material furnished or to be furnished to the Following described real property: 3 story office building in city of Centerville Payment on Contract RETURN TO: Sedona T ownhomes Attn: Vicki Miller 7029 20th Ave S Centerville, MN 55038 And for value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said real property [or labor, skill or material furnished to say real property (only for the amount paid if Box 1 is checked, and except for the retainage show if Box 2 is checked). The undersigoed affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigoed have been paid in full, EXCEPT: ./ /-/.~ I"' NOTE: If this instrument is executed by a corporation, it must be sigoed by an officer: and if it is executed by a partnership, it must be sigoed by a partner. ~""?,. ",.. // /1 -.', ;-:/-- I .--r~ ~ ..j.-\~-. By j .c_- ,r-: /,-7 .' ~ ,/ ~ -;?c /;/ .--- j ),--,-- ,;:.-__?~__,;!. ;;i ~Title) . C, /..;:" ~ . S- "/ ; (Address) /J Y; .----- -...f_ /__. _/~. ".~ /,,~/1~'J :=:'_;.0__;:(../ J WARNING, UNAUTHORIZED COPYING OF THIS FORM IS PROHIBITED /3!J . - . A~" / f (~;/Js.:f- . ~~ RECEIPT AND WAIVER 0 ECHANIC'S LIEN RIGHTS Date: 7/3/07 The undersigned hereby acknowledges receipt of the sum of $ 19,000.00 CHECK ONL)'~ONE ~. 1) [jJ'As partial payment for labor, skill and material furnished 1) 0 As payment for all labor, skill and material furnished or to be furnished (except the sum of $ ) 3) -18J AsIUIrand finarpayment for a1l1abor;sKillimcl mamTatrurnisnedorrobeiumisnm UTthl' Following described real property: 3 story office building in city of Centerville RETURN TO: Sedona Townhomes Atm: Vicki Miller 7029 20th Ave S Centerville, MN 55038 And for value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said real property for labor, skill or material furnished to say real property (only for the amount paid if Box I is checked, and except for the retainage show if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: .r. / t- ~'/ .;-, / / C-- / ,t__ / ./t - .!- ~_'. , ' vf ..-____ -~.--' .? (~/ ~.-,-'" . -----,: / ',:' By'~/ (_______/ ,./) - "/ /~(3....,. L i3(~i:l; (Address) /0 _--./ ~:, ~'> -'-< 21 f. ,---,( NOTE: If this instrument is executed by a corporation, it must be signed by an officer; and if it is executed by a partnership, it must be signed by a partner. V',.,~.~ /7. /CD ~/ij <) /-/ .-' , -<- J WARNING, UNAUTHORIZED COPYING OF THIS FORM IS PROHIBITED ;31 ::l RECEIVED OF .' ". . teroi[{e 'Estafiishd 1M7 3324 AMOUNT Metrooolilan Council $10000.00 FOR: ComDrehensive Plan UDdate CHECK # 1338870 Grant SURCHARGE N/A , "'~1~','''' j '(", " 't= . " ! ,'ill . . .~~'J , BY Teresa Bender September 17, 2007 ,. ~ . Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 651-784-7472 MEMO Date: September 13,2007 To: City Administrators From: Milo Bennett, Fire Chief Subject: Financial Statements and Projection Attached you will find the financial statements from the accounting software as well as my projections to the end of the year. Some of the actual represent 8 months of activity and others represent 7 or some other number. I have projected to the end of the year where I estimate we will end up. CENTENNIAL FIRE DISTRICT BUDGET 9/13/2007 Acct. 2006 2006 2007 2007 2007 2008 Budget Actual Budget YTD mo. projectad Budget Personnel 101 Distriet Chief 82,400 82,504 84,875 47,334 7 55.8% 84,875 81,450 102 Salaried Positions 16,000 11,450 16,800 11,188 8 66.6% 16,800 16,800 103 Inspection Wages 55,175 55.638 58,000 30,817 7 53.2% 58,000 59,750 104 Secretary 41,100 39,980 43,000 22,909 7 53.3% 43,000 44,300 105 Fire Calls 40,000 32,018 45,000 38,842 8 86.3% 58,263 46.350 105 Rescue Calls 42,000 53,810 50,000 34,351 8 88.1% 51,536 51,500 101 Training Calls 20,000 15,401 23,000 5,851 8 25.4% 8,177 23,690 105 Maintenance Dlills 14,500 10,604 14,500 10 8 0.1% 15 14,935 109 Fire Prevention Wages 6,000 9,180 1,000 4,274 8 61.1% 8,411 7,210 110 Janitor Salary 5,200 5,200 5,200 2,900 7 55.8% 4,971 5,200 120 Payroll Taxes 20,500 14,102 7 11.1% 25,203 23,850 130 Payroll Benefits 42,000 49,195 26,150 15,316 7 51.3% 26,256 26,750 150 WOrk81S Comp Insul'8nce 13,000 11,449 14,000 21,083 12 150.6% 21,083 21,100 180 ReUef Association 24,000 24,000 24,500 12,250 6 50.0% 24,500 25,000 Total Personnel 402,515 412,407 433,125 261,893 80.5% 429,689 453,885 Supplies 201 Office SupplIes and PrintJng 8,000 8,208 7,000 2,172 8 39.6% 4,158 7,000 202 Cteaning Supplies and Services 2,300 528 2,300 1,628 8 70.8% 2,442 2,300 212 Fuel and Lube 7,000 9,719 12,000 5,608 8 46.7% 8,412 12,000 218 Medical Supplies 4,000 2,611 4,000 811 8 20.3% 1,211 4,000 211 Fire Prevention Supplies 3,000 1,421 3,000 1,459 8 48.6% 2,189 3,000 218 UniformS 2,500 1,225 2,500 1,964 8 78.6% 2,946 3,000 219 Logistic Supplies 1,000 2,521 1,000 348 8 34.8% 522 1,000 Total Supplies 25,800 26,293 31,800 14,590 8 45.9% 21,885 32,300 Contraded 5erv;ces 301 Accountlng Services 4,000 5,224 10,000 5,849 7 58.5% 10,027 10,000 308 Medical Physicals 3,000 524 3,000 222 8 1.4% 333 3,000 321 Telephone 9,000 10,059 9.500 1,386 8 77.5% 11,049 10,000 331 Travel and ConferenceslSchool! 12,000 23,033 12,000 6,551 8 54.6% 9,836 14,000 350 legals 0 40 0 0 381 Insurance 19,000 20,000 19,500 27,633 12 141.7% 27,633 28,000 380 Utilities 22,000 25,071 24,000 13,858 8 57.7% 20,787 27,000 385 800 mhz Fees 4,000 2,685 4,000 1,808 8 45.2% 2,712 4,000 Total Contracted Services 73,000 86,636 82,000 83,293 11.2% 82,316 96,000 Maintenance 401 Other Maintenance 5,000 5,000 5,000 2,887 8 57.3% 4,301 5,000 404 Vehicle Maintenance 35,000 27,225 40,000 20.410 7 51.0% 34,989 40,000 405 Fire Equipment Maintenance 5,000 4,893 5,000 5,848 8 118.9% 8,169 5,000 412 Common Area Charges 19,017 19,011 18,113 13,585 9 75.0% 18,113 11,209 420 Equipment 30.000 14,211 30,000 5,577 8 18.6% 30,000 30,000 433 Dues and Memberships 1,500 2,114 1,500 1,533 8 108.9% 2,450 1,500 435 Subscriptions 500 1,046 1,000 995 8 99.5% 1,492 1,000 495 Miscellaneous 9,680 Total Maintenance 98,017 83,188 100,813 50,913 50.6% 100,113 99,709 Capital Outlay 570 Capital Equipment 100,000 100,000 100,000 15,000 9 75.0% 100,000 100,000 Total Capital Outlay 100,000 100,000 100,000 15,000 9 75.0% 100,000 100,000 ContJngency 950 Contingency 2,000 0 13.610 25,000 Total Cotlngency 2,000 0 13,610 25,000 Total 699,392 708,522 761,148 485,688 61.2% 134,063 806,894 Volunteer Payroll Fire calls 40,000 45,000 38,842 8 58,263 46,350 Re&CU8 Calls 42,000 50,000 34,351 8 51,536 51,500 Training Calls 20,000 23,000 5,851 8 8,117 23,690 Maintenance Drills 14,500 14,500 10 B 15 14,935 Fire Prevention Wages 6,000 1.000 4,214 8 6,411 1,210 Total 122,500 139,500 83,334 8 125,001 143,685 ASSETS 801-10100 CENTENNIAL FIRE DIST CASH TOTAL ASSETS LIABILITIES AND EQUITY FUND EQUITY CENTENNIAL FIRE DISTRICT BALANCE SHEET SEPTEMBER 30, 2007 CENTENNIAL FIRE DISTRICT 117,047.95 801-25320 UNRESERVED FUND BALANCE REVENUE OVER EXPENDITURES - YTD TOTAL FUND EQUITY ( 12,293.15) 129,341.10 TOTAL LIABILITIES AND EQUITY 117,047.95 117,047.95 117,047.95 CENTENNIAL FIRE DISTRICT REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2007 CENTENNIAL FIRE DISTRICT PERIOD BUDGET %OF ACTUAL YTD ACTUAL AMOUNT VARIANCE BUDGET fiRE SERVICE REVENUE 601-31-1210.000 L1NO LAKES fiRE SERVICE .00 333,.252.00 444,336.00 111,084.00) 75.00 801.31.1220-000 CIRCLE PINES FIRE SERVICE .00 86,328.00 115,104.00 28,776.00 ) 75.00 801-31-1230-000 CENTERVlLlE FIRE SERVICE .00 62,696.25 63,595.00 20,898.75 ) 75.00 TOTAL FIRE SERVICE REVENUE .00 482.276.25 543,035.00 160,758.75 ) 75.00 INTERGOVERNMENTAL REVENUE 801-33-3130-000 STATE GRANTS/REIMBURSEMENTS .00 .00 .00 .00 .00 TOTAL INTERGOVERNMENTAL REVENUE .00 .00 .00 .00 .00 CHARGES FOR SERVICE 601-34-4425-000 SAFETY CAMP REVENUE .00 900.00 .00 900,00 .00 801-34-4430-000 FIRST AID CLASSfTRAINING .00 330.00 .00 330.00 .00 801 ~34-4450-000 COMMON AREA CHARGES .00 13,584.75 18,113,00 4,528.25 ) 75.00 TOTAL CHARGES FOR SERVICE .00 14,814.75 18,113.00 3,298.25 ) 81.79 -- MISCElLANEOUS REVENUE a01-36-6210-0oo INTEREST ON INveSTMENTS .00 3,850.16 .00 3,850.16 .00 801.36-6235-000 MISCElLANEOUS REVENUE .00 600.15 .00 600.15 .00 601-36-6250-000 DONATIONS .00 900.00 .00 900.00 .00 TOTAL MISCELLANEOUS REVENUE .00 5,350.31 .00 5,350.31 .00 TOTAL FUND REVENUE .00 502,441.31 661,148.00 ( 158,706_69 ) 76.00 FOR ADMINISTRATION USE ONLY 75'% OF THE FISCAL YEAR HAS ELAPSED 09/1212007 09:46AM PAGE: 1 CENTENNIAL FIRE DISTRICT EXPENSES COMPARED TO BUDGET BY EXPENSE CODES FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2007 FIRE DISTRICT MTD ACTUAL YTD ACTUAL BUDGET VARIANCE % OF BUDGET FIRE DISTRICT OPERATIONS 801-42~2210.101 SALARIES.FIRE CHIEF .00 47,333.80 84,875.00 37,541.20 5577 801-42-2210-102 SALARIES.FIRE OFFICER SALARIES .00 .00 16,800.00 16,800.00 .00 801-42~221 0-1 03 SALARIES-FIRE INSPECTIONS SAL .00 30,877.36 58,000.00 27,122.64 53.24 801-42,2210-104 SALARIES.CLERICAL .00 22.909.33 43,000.00 20,090.67 53.26 801-42-2210-105 SALARIES-FIRE CALLS .00 38,842.46 45,000.00 6,157.54 86.32 801-42.2210-106 SALARIES-RESCUE CALLS .00 34,357.27 50,000.00 15,642.73 68.71 801-42-2210-107 SALARIES-TRAINING DRILL SAL .00 5,850.78 23,000.00 17,149.22 25.44 801-42-2210.' 08 SALARIES-MAINTENANCE DRILL SAL .00 9.75 14,500.00 14.490.25 .07 801-42-2210-109 SAlARIES-FIRE PREVENTION .00 4,274.10 7,000.00 2,725.90 61.06 801-42-2210-110 SALARIES.JANITOR .00 2,900.00 5,200.00 2,300.00 55.77 801-42~2210.120 FIRE.PAYROll TAXES .00 14,701.92 20,500.00 5,798.08 71.72 801-42-2210-130 FIRE.PAYROLL BENEFITS .00 15,316.4$ 26,750.00 11,433.52 57.26 801-42.2210-142 FIRE-UNEMPLOYMENT .00 18.14 .00 18.14) .00 801-42.2210-150 FIRE-WORKERS COMPENSATION INS .00 21,083.00 14,000.00 7,083.00 ) 150.59 801-42.2210-160 FIRE-RELIEF ASSOC PENSION .00 12,250.00 24,500.00 12,250.00 SO.OO PERSONNEL .00 250,724.39 433,125.00 162,400.61 57.89 801-42.2210-201 FIRE-OFFICE SUPPLIES 78.14 2,771.61 7,000.00 4,228.39 39.59 801-42.2210-202 FIRE.CLEANING & BLDG SUPPLIES 00 869.34 2,300.00 1,430.66 37.80 B01-42.221 0-212 FIRE-FUEL & LUBRICANTS .00 5,607.70 12,000.00 6,392.30 46.73 801-42-2210-213 F1RE-VEH CLEANIMISC SUPPLIES .00 758.68 .00 75868 ) .00 801-42-2210..216 FIRE-MEDICAl SUPPLIES 00 810.93 4,000.00 3,189.07 20.27 801-42-2210-217 FIRE.FIRE PREVENTION SUPPLIES 64.83 1,458.68 3,000.00 1,541,32 48.62 801-42-2210-218 fIRE.UNlfORMS .00 1,963.76 2,500.00 536.24 78.55 801-42-2210-219 FIRE.MISCELLANEOUS SUPPLIES 151.68 348.34 1,000.00 651.66 34.83 SUPPLIES 294.65 14,589.04 31,800.00 17,210.9S 45.88 801-42-2210-301 FIRE-ACCOUNTING SERVICES .00 5,849.47 10,000.00 4,150.51 58.49 801-42.2210.308 FIRE-MEDICAL PHYSICALS .00 222.QO 3,000.00 2,778.00 7.40 801-42-2210-321 FIRE-COMMUNICATIONS 719.98 7,365.75 9,500.00 2,134.25 77.53 801-42-2210.322 FIRE-POSTAGE .00 18.05 .00 18.05) .00 601-42-2210.331 FIRE.TRAVEL CONFERENCES SCHOOL 750.00 6,556.69 12,000.00 5,443.31 54.64 601-42-2210-361 FIRE.PROPERTY & LIABILITY INS .00 27,633.00 19,500.00 8,133.00 ) 141.71 801-42-2210-380 FIRE. UTILITIES 501.79 13,857.99 24,000.00 10,142.01 57.74 801-42-2210-385 FIRE.800 MHZ USER FEES .00 1,807.69 4,000.00 2,192.31 45.19 CONTRACTED SERVICES 1,971.77 63,310.64 82,000.00 18,689.36 77.21 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 09/12/2007 09:46AM PAGE: 1 CENTENNIAL FIRE DISTRICT EXPENSES COMPARED TO BUDGET BY EXPENSE CODES FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2007 FIRE DISTRICT MTD ACTUAL YTD ACTUAL BUDGET VARIANCE % OF BUDGET 801-42.2210-401 FIRE-BUILDING & GROUNOS MAl NT 437.50 2,866.81 5,000.00 2,133.19 57.34 601.42.2210-404 FIRE-VEHICLE MAINTENANCE .00 20,807.78 40,000.00 19,192.22 52.02 801-42-2210-405 FIRE-MAINTENANCE FIRE EQUIP .00 5,845.79 5,000.00 845.79 ) 118.92 801-42.2210-406 FIRE-OFFICElSOFlWARE EQUIP MTC .00 1,290.57 .00 1.290.57) .00 601-42-2210-412 FIRE-COMMON AREA LEASE .00 .00 18.113.00 18,113.00 .00 801-42-2210-433 FIRE-DUES & MEMBERSHIPS .00 1,633.00 1,500.00 133.00) 108.87 801-42-2210-435 FIRE-SUBSCRIPTIONS & BODKS .00 994.50 1,000.00 5.50 99.45 801-42-2210-490 FIRE-SAFETY CAMP EXPENSES 306.78 4,899.97 .00 4,899.97 ) .00 801-42.2210-495 FIRE.-M1SCELLEANEOUS 00 560,67 .00 560.67 ) .00 MAINTENANCE 744.28 38,899,09 70,613.00 31,713.91 55.09 601-42.2210-570 FIRE-EQUIPMENT 774.81 5,577.05 30,000.00 24,422.95 18.59 CAPITAL OUlLA Y 774.131 5,577.05 30,000.00 24,422.95 18.59 801-42-2210-950 FIRE-CONTINGENCY .00 .00 13,610.00 13,610.00 .00 CONTINGENCY .00 .00 13,610.00 13,610.00 .00 TOTAL FIRE DISTRICT OPERA lIONS 3,785.51 373,100,21 661,148.00 286,047.79 56.43 TOTAL CENTENNIAL FIRE DISTRICT 3,785.51 373,100.21 661,148.00 288,047.79 56.43 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 09/1212007 09:46AM PAGE: 2 WORK SESSION - t.~';~:i~._ .:", (~ "'1-:; - ,_' ':'1..' .: '. . -, ~"..;:;~ "J..~ ~::t>~),~ _'.." 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